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(영문) 서울고등법원 2019.08.22 2019나2004340
소유권이전등기절차이행
Text

1. The plaintiffs' primary claim and the conjunctive claim that are changed in exchange in this court are all dismissed.

2...

Reasons

1. Basic facts

A. A. Around 1998, the Plaintiff’s father E divorced with the Defendant on August 16, 2006, and on August 16, 2006, the Defendant bequeathed the site and building located in Yongsan-gu Seoul Special Metropolitan City H, the site and building located in Jongno-gu, Seoul Jongno-gu I, and the site located in the building site and building and the JJ located in Seoul Metropolitan City, and died on August 28, 2014.

B. The Plaintiffs and F filed a lawsuit seeking payment of KRW 20 million, which is part of the Seoul Northern District Court Decision 2015Gadan42497, on the grounds that there was a share share of 325 m25 m2 and 67/100 of the above 6th m25m2 and the above 6th m27/100 of the above m200 m2 and the above m20 million portion among the above m2 received by the Defendant, on the grounds that there was a share of inheritance.

C. The instant case was referred to conciliation by the Seoul Northern District Court 2015s. The conciliation was concluded on January 13, 2016, including the following:

(hereinafter “instant conciliation”). 4. A.

The Defendant shall, after selling the instant land to the Plaintiffs by January 15, 2017, pay the settlement of each 1/19 of the remainder, which remains after deducting all taxes and public charges, such as transfer taxes, from the proceeds from sale.

Provided, That where the defendant fails to settle the accounts by the above time, it shall pay 80,000 won each of the 15th of each month from the following month to the date of the completion of payment of the sales settlement.

(b) F confirms that the Defendant does not have the right to claim legal reserve of inheritance since F donated the real estate located in the original city from the deceased E before the birth.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence No. 4-1, 2, and No. 1, and the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. The Plaintiffs, on the grounds delineated below, seek against the Defendant for the implementation of the procedures for ownership transfer registration on each of the instant parcels of land due to the return of legal reserve of inheritance, on the grounds that 1/19 shares of each of the instant parcels of land were returned.

(1).

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