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(영문) 울산지방법원 2018.12.13 2018가단59405
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged in full view of Gap evidence Nos. 1 to 8, Eul evidence Nos. 1 to 5, and the purport of the entire pleadings.

A. The plaintiff is the deceased C's father, and the defendant is the spouse of the deceased C's child.

B. The deceased C died on February 3, 1985, and the deceased C had a list of the attached property, the registration of ownership preservation of which was completed on August 6, 1964 (hereinafter “instant building”).

C. The deceased C’s heir of the property was the Plaintiff, who was the deceased’s spouse, W, F, and the deceased. On April 18, 1985, Busan District Court rendered a judgment on the refusal of inheritance to the deceased E, F, and the deceased’s net C (hereinafter “instant refusal report”). As such, the deceased C’s property was inherited solely by the deceased C.

On January 16, 2007, the network D died, and on January 7, 2009, the Defendant and the children of the network D agreed to own the instant building independently.

E. On January 13, 2009, the Defendant completed the registration of ownership transfer under the Defendant’s name on the ground of the inheritance of property due to the consultation and division regarding the instant building.

2. The parties' assertion

A. The plaintiff's assertion inherited 3/10 shares of the building of this case ultimately following the death of the deceased C and the death of the deceased E, and the report of renunciation of inheritance of this case is null and void since the plaintiff and the deceased knew about it. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to 3/10 shares of the building of this case to the plaintiff.

B. After the death of the Defendant’s assertion C, the instant building was inherited by the deceased’s report of renunciation of inheritance, and the Defendant independently owned the instant building following the agreement on the division of inherited property among the deceased’s inheritors after the deceased’s death. As such, the Plaintiff’s claim is unreasonable.

3.

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