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(영문) 춘천지방법원강릉지원 2015.07.08 2015가단20427
소유권이전등기
Text

1. Defendant E, F, and G shall pay to the Plaintiff 2/15 shares of each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Each of the instant real estate was owned by the deceased H (hereinafter “the deceased”).

B. The Deceased died on July 19, 1992, and the co-inheritors are the wife and the Defendants, who are children.

[Ground of recognition] Unsatisfy, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. Claim against Defendant E, F, and G

A. As to the Plaintiff’s assertion as follows, Defendant E, F, and G are not present on the date of pleading even after receiving a written notice of date not by public notice, and thus, they can be deemed to have led to confession under Article 150(3) and (1) of the Civil Procedure Act.

- After the death of the deceased, the Plaintiff agreed to inherit each of the instant real estate solely with the Defendants, their children.

B. According to the above facts, Defendant E, F, and G are obligated to implement the registration procedure for transfer of ownership on July 19, 192 with respect to the Plaintiff’s share 2/15 of their respective inheritance shares among each of the instant real estate.

C. Therefore, the plaintiff's claim for this part is justified.

3. Claim against Defendant B, C, and D

A. The Plaintiff asserted (1) After the death of the Deceased, the Plaintiff agreed to inherit each of the instant real estate solely with the Defendants, their children.

(2) However, around August 2014, Defendant C unilaterally entered and resided in the instant building without the Plaintiff’s consent.

(3) Accordingly, Defendant B, C, and D are obligated to implement the registration procedure for ownership transfer on July 19, 192 with respect to the share of 2/15 of their respective inheritance shares in each of the instant real estate to the Plaintiff, and Defendant C is obligated to withdraw from the instant building.

B. Whether the Plaintiff and its children agreed to inherit each of the instant real estate independently, as alleged by the Plaintiff.

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