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(영문) 창원지방법원 2017.03.28 2016나52269
소유권이전등기
Text

1. Upon the request of this court for a change in exchange, the defendant shall provide each real estate listed in the separate sheet to the plaintiff.

Reasons

1.The following facts may be acknowledged in accordance with the respective entries and arguments of Gap 1, 3, and Eul 1 (including branch numbers; hereinafter the same shall apply) without dispute between the parties, or in accordance with the purport of the whole arguments:

K and M are married couple, and children between them are only married children.

K died on September 9, 1953 and M on December 13, 1975, respectively.

B. On March 10, 1972, before the death of the deceased M, the Plaintiff was adopted on March 10, 1972 as the post-adopted of the deceased K.

C. The Defendant completed the registration of transfer of ownership by inheritance on February 18, 2014, No. 1739, which was received on February 18, 2014, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the network K.

2. According to Article 25(1) of the Addenda of the Civil Act (amended by Act No. 471 of Feb. 22, 1958) and Article 11(1) of the Decree on the Civil and Civil Affairs of Joseon, the inheritance commenced before the enactment of the Civil Act shall be governed by custom.

If the head of a family died before the enforcement of the Civil Code, the heritage of the head of a family is customary at the time that the heir of the family succeeds independently.

(1) In the case of a person who is married at the time of death, the family head of the deceased family shall succeed to the family head of the deceased family in accordance with the principle of the netism in the case of an unmarried person at the time of death (see, e.g., Supreme Court Decisions 80Da2755, Dec. 22, 198; 2006Da41044, Nov. 9, 206); and in the case of an unmarried person at the time of death, the family head of the deceased family shall succeed to the family head of the deceased family in accordance with the principle of the netism in the case of an unmarried person; and in the case of a married person at the time of death, the family head of the deceased family shall temporarily succeed to the family until the deceased person is appointed after the birth of the deceased family head of the deceased family (see, e.g., Supreme Court Decisions 80Da2755, Dec. 22, 198; 2006Da41044, Nov. 1, 1960).

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