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(영문) 창원지방법원 2019.05.31 2018가단110137
소유권말소등기
Text

1. The defendant is the original district court with respect to the plaintiff's share of 2/9 of the real estate stated in the attached list.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network D (hereinafter “the network”).

B. The Deceased had three children, such as C, Plaintiff, and F, who are the father of the Defendant between the wife E and the wife, and died on August 7, 1992.

E died on February 9, 2017.

C. On February 20, 2006, the Changwon-gu District Court (Seoul District Court No. 3889, received on February 20, 2006, the registration of ownership transfer was completed at the ratio of E 3/9 shares, the Plaintiff, C, and F 2/9 shares due to the inheritance of property on August 7, 1992. On the same day, the registration of ownership transfer was completed with the Defendant as a sole owner due to the donation from February 16, 2006 by the registration office as of February 3890 (hereinafter “instant registration of ownership transfer”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 6 (if there are additional numbers, including the provisional lot number, hereinafter the same), the purport of the whole pleadings

2. The parties' assertion

A. On August 7, 1992, the heir such as the Plaintiff et al. succeeded to the instant real estate due to the death of the deceased, but did not register inheritance.

The plaintiff was residing in Sri Lanka from around 2004 and became aware of the fact that the plaintiff's share in the real estate of this case was transferred to the defendant due to donation after the mother's death.

The plaintiff did not express his/her intention of donation to the defendant. The defendant is obligated to implement the procedure for registration of cancellation of 2/9 shares, which are the plaintiff's shares, among the real estate in this case.

B. Defendant 1) The instant lawsuit is a lawsuit seeking recovery of inheritance. It is unlawful for the exclusion period stipulated in Article 999(2) of the Civil Act to impose the exclusion period. 2) The instant real estate purchased in the name of the deceased with money collected by C by saving combat allowances with the benefits and combat allowances received by C in Vietnam War.

The deceased is naturally a house purchased by the South and North Korea's family members, and thus, it will be the South and North Korea's.

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