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(영문) 수원지방법원 2017.06.20 2016가단542948

1. As to the Plaintiff, with respect to the share of 1,884 square meters prior to the wife L, Defendant B, and Defendant D’s share of 1/3, and Defendant D’s share of 3/24.


1. Basic facts

A. The deceased M was killed on February 10, 1951.

The net N inherited the net M to Australia.

The heir of the network N has spouse O, the plaintiff, P, Q, and I.

B. 1,884 square meters (hereinafter “instant real estate”) in the name of Defendant B, network R (Death on January 5, 1987), network S (Death on November 21, 1987, and the land registry and land cadastre of the instant land, each of which is registered one-third shares, respectively.

C. The deceased R’s heir has Defendant C, Defendant D, Defendant E (hereinafter “Defendant E”) who is the spouse, Defendant E, and Defendant E, who is the spouse, and as the heir of the network S, Defendant F, Defendant E (hereinafter “Defendant E (hereinafter “Defendant E”) who is the child, Defendant H, Defendant I, Defendant J, and Defendant K.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The gist of the cause of the claim was that the deceased M was the actual owner.

Nevertheless, the registration of ownership transfer has been made in accordance with the Act on Special Measures for the Transfer of Real Estate Ownership in the name of Defendant B, Network R and network S (No. 3094).

The Defendant D, the heir representative of Defendant B and the network R, and Defendant F, the heir representative of Defendant D and the network S, have given up their ownership or inheritance rights and agreed to allow the Plaintiff to complete the registration of ownership transfer.

The Defendants shall implement the procedure for the registration of ownership transfer with respect to each share of the instant real estate upon agreement to the Plaintiff.

3. Determination

A. Each judgment on the claim against Defendant F and I: Articles 208(3)3 and 150(3) of the Civil Procedure Act

B. Determination as to the claim against Defendant B 1) The “written waiver of right” (Evidence A No. 7) that Defendant B prepared and delivered to the Plaintiff is indicated as follows.

The instant real estate was owned by A’s colon M, as well as A’s real estate.