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(영문) 대구고등법원 2019.05.24 2018나22276
소유권이전등기
Text

1. The plaintiffs' appeal and the conjunctive claim added by this court are all dismissed.

2. Appeal;

Reasons

Basic Facts

The network D and network E are married couple, and eight children, including the plaintiffs, the defendant, the F, G (hereinafter referred to as the "L"), H, I, and J, are children between the network D and the network E.

On June 29, 1990, the registration of ownership transfer was completed on June 28, 1990 on each of the instant real estate owned by the deceased D.

The network D died on April 10, 1995, and there were eight children such as the network E and the plaintiffs and the defendant as bereaved family members.

On May 2010, the Plaintiff, F, L, H, I, J, and Plaintiff A, as “right to claim the return of inherited property based on forced inheritance,” filed an application for provisional disposition prohibiting the disposal of each of the instant real property (hereinafter “instant application for provisional disposition”) with the Daegu District Court racing-Support 2010Kadan703.

On May 20, 2010, the above court rendered a decision to accept the application for provisional disposition of this case, and on the same day, the entry registration of this case (hereinafter “the provisional disposition registration of this case”) was completed.

On October 10, 201, the network E died on October 10, 201, and there were eight children, including the Plaintiffs and the Defendant, as bereaved family members.

With respect to the instant application for provisional disposition, on September 14, 2015, there was an application for the withdrawal of the application and the cancellation of its execution, and accordingly, on September 18, 2015, the registration of cancellation of the instant provisional disposition was completed.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 11 (including a provisional number; hereinafter the same shall apply), and the purport of the whole argument of the plaintiffs asserted that the defendant agreed on September 26, 2015 to transfer the shares corresponding to the shares of each of the real estate of this case to brothers and sisters including the plaintiffs.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership (shares) based on the above agreement with respect to each one-eight share of each of the real estate in this case to the plaintiffs.

Preliminary claim is in violation of the plaintiffs' legal reserve of inheritance after receiving donations of each of the instant real estate before the birth of the deceased D. Thus, the plaintiffs share 1/16 of each of the instant real estate.

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