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(영문) 광주지방법원 2016.10.07 2015가단522090
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 19,686 square meters (before division: J forest; hereinafter “instant land”) prior to YYI in order to preserve ownership on the said land on April 9, 1940.

B. K: (a) died on August 15, 1946 and succeeded to the land in this case; (b) L L died on March 5, 1956 and his/her head succeeded to the land in this case; and (c) L and M did not complete the registration of ownership transfer as to the said land.

C. On June 3, 1970, N, the south of M, completed the registration of ownership transfer on the ground that he purchased the pertinent land from K on December 5, 1961 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111 of May 21, 1969, repealed by Act No. 2111 of Dec. 19, 2008, hereinafter “Special Measures Act”).

N on April 9, 2014, the Defendants, one-third of their own children, completed the registration of ownership transfer for each of the instant land, based on donation.

E. M died on March 1970 or around July 1971 (Entry in the Oscopary and cemetery seat), and his legal heir and statutory inheritance share were in force at the time of the enforcement of the Civil Act (amended by Act No. 3051 of Dec. 31, 1977), under the Civil Act (amended by Act No. 3051 of Dec. 31, 197), the denying P was 2/29; the 6/29 of the Australia’s Family heir N; the 1/29 of the Plaintiff A, the son B, the E, Q, and R were 4/29; and the 2/29 of the Plaintiff C and D, each of whom were not withdrawn.

After that, after R died on August 24, 1998, P inherited the above 4/29 shares solely, and P became 6/29 (i.e., 2/294/29). However, P died on August 16, 2002 and seven children inherit the above 6/29 shares each by 6/203 shares.

Therefore, the final statutory inheritance shares of M are N48/203 = 6/203=6/296/203), Plaintiff A’s 13/203=1/203=1/296/203), Plaintiff B, E, and Q, respectively.

[Reasons for Recognition] Unsatisfy, Gap's 1 to 6, 8, and .

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