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(영문) 서울중앙지방법원 2017.12.08 2016가단5264726
토지인도 등
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

Reasons

1. Basic facts

A. The land of this case was originally assessed in the name of G, which was the lighting part of the plaintiffs, in the name of the 2,182 square meters before the date of Pakistan (hereinafter “instant land”). The said G died on February 9, 1959, and his head succeeded to G’s property, along with the family inheritance.

B. The above H died on June 23, 1976, and the wife A, B (Nam), and J (Nam) jointly inherited the H’s property.

Of the above inheritors, Plaintiff B is the inheritor of Australia, Plaintiff A was married on December 11, 1968 and did not have been identical within the same family. According to the Civil Act at the time H’s death, the property inheritor, who is the family head’s inheritor, added 50 percent to the inherited portion, and the female’s inherited portion is 1/2 of the male’s inherited portion, and the female’s inherited portion that is not the same within the same family is 1/4 of the male’s inherited portion.

In applying this, the legal portion of inheritance following H’s death is I 2/13, A 1/13, B 6/13, and J 4/13.

C. I died on April 28, 1995, and the plaintiff A, B, and J, a child, jointly inherited the I's property at the same ratio.

However, the above J died on February 23, 2005, and its inheritors are Plaintiff C, Plaintiff D and E, who is the wife.

As the above J dies, the final heir of the land of this case is the plaintiffs, and each final heir's share of inheritance is as follows.

0. Plaintiff A due to the death of I: 5/39 [=1/13 + (1/3 + 2/13} for Plaintiff B: 20/39 [=6/13 + (1/3 + 2/13)] for J: 14/39 [=4/13 + (1/3 + 2/13] for 14/39];

0. Plaintiff C due to the death of J: 6/39 (=3/7 x 14/39) : 4/39 (=2/7 x 14/39) : 4/39 (=2/7 x 14/39) : 4/39) .

E. On the other hand, on March 10, 2016, Plaintiff A and B filed a lawsuit against the Defendant for the confirmation of ownership against the instant land by Seoul Central District Court 2016Kadan505105, and the said court rendered a judgment on August 11, 2016 that “5/39 of the instant land is owned by Plaintiff A, and 20/39 of the shares are owned by Plaintiff B,” and the said judgment became final and conclusive on August 27, 2016.

(f).

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