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(영문) 청주지방법원제천지원 2019.01.23 2018가단21179
소유권이전등기
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiffs and G are H’s children.

The defendant is the G's wife.

H died on September 4, 2010, and there was no heir except Plaintiffs and G at the time, and each inheritance share is 1/6.

G died on June 13, 2017.

B. On February 23, 2006, H completed the registration of transfer of ownership on the ground of the donation made on February 23, 2006 by the Cheongyang District Court No. 1435, the Cheongyang District Court’s receipt of a single registry office with respect to the 4,731 square meters (hereinafter “I land before division”).

C. Before subdivision, the area of the I land was changed into 4,659 square meters around 2013, and was divided into each of the instant real estate from around 2013 to around 2016.

On July 14, 2017, the Defendant completed the registration of ownership transfer based on inheritance due to a division of agreement as of No. 5477, which was received from the Cheongju District Court’s branch office, as of each of the instant real estate on July 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 (including each number number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiffs entered into a contract with the Plaintiffs on May 2016 to donate 1/6 shares of each of the instant real estate, which correspond to their respective inheritance shares. However, around May 2016, the Defendant asserts to the effect that “The land before division on the entire registration certificate was divided into “each land listed in attached Table 1, 3,” and “2,014 square meters before J. J., Chungcheongnam-gun, Chungcheongnam-do” (the land listed in attached Table 4, on the entire registration certificate, was divided into the above J land on November 9, 2016, and was not yet divided on May 2016). Since the land listed in the attached Table 4, on the entire registration certificate, was divided into the above J land and thus, it was not yet divided on May 2016). The Defendant solely inherited each of the instant real estate from G to the Plaintiffs on May 2016.”

Gap evidence Nos. 3, 4, 5, 6, and 7 shall be G only.

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