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(영문) 창원지방법원 2019.08.30 2018나62185
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The Defendants indicated in the attached Form 1, 2, and 2, among the land size of 271 square meters in Gyeongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. On July 14, 193, 193, the network E completed the registration of ownership transfer with respect to the F. 155 square meters and G large 126 square meters, and the network E died on or around 1967, H, a family heir, was solely inherited. On July 7, 1985, H died on or around July 7, 1985, Hai I, a co-inheritors of the network H, children J, the Plaintiff (former name: K), L, and M, which were co-inheritors of the network H, completed the registration of ownership transfer on the respective inheritance shares of the F. 15 square meters on the ground of inheritance.

B. After that, on December 10, 2008, J, the Plaintiff, L, and M filed on December 10, 2008 the registration of ownership transfer for each of their respective shares out of 155 square meters in the Republic of Korea, Chungcheongnam-gun F, Nam-gun, Gyeongnam-do, for the transfer of ownership on the ground of donation on December 8, 2008.

C. On May 17, 2016, I died, and jointly succeeded according to their respective inheritance shares, J, L, and M, their children, and each inheritance relationship due to the death of the deceased E, the network H, and the network I is as follows:

Article 1009 (Legal Share of Inheritance) 1 of the former Civil Act (amended by Act No. 4199, Jan. 13, 1990) (amended by Act No. 4199, Jul. 7, 1985) of the deceased E’s heir and inheritance share of H (Death of July 7, 1985)’s heir and inheritance share of the deceased E’s heir shall be equally divided.

However, if the heir of property simultaneously succeeds to family headship, the share of inheritance shall be added to 50 percent of the inherent share of inheritance.

(2) The share of an inheritance for a female not in the same family register shall be one fourth of the share of inheritance for a male.

(3) The inherited portion of an inheritee, in cases of inheritance jointly with lineal descendants, shall be 50 percent of the inherited portion for lineal descendants in the same family register, and in cases of inheritance jointly with lineal ascendants, 50 percent of the inherited portion for lineal ascendants shall be added.

The deceased I (Death on May 17, 2016)’s heir and inheritance shares in the aggregate of the network H 3/12 J 1/4 J 1/48 Plaintiff (Child) 1/4 L 1/4 Plaintiff 1/4, Plaintiff 11/48 M 1/48 (Child) 1/48 M 1/42 L 11/42 L 11/48 (Child) 2/12 M 2/12 M 12 M 11/48 M 2/12

D. On September 20, 201, the Plaintiff: (a) on July 20, 1985, with respect to the area of 126 square meters in Chungcheongnam-gun, Namnam-do.

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