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(영문) 서울중앙지방법원 2015.12.01 2014나17311
공유물분할
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. G, on January 26, 1979, died on January 26, 1979 while owning the instant real estate, and on the part of Defendant F, the wife of which is the head of T, South and North E (Defendant B’s father), Q (her husband of the Plaintiff), Defendant C, D, and married children, jointly succeeded to the said heritage.

On March 20, 1979, the deceased G’s heir had completed the registration of ownership transfer on the instant real estate on March 20, 1979 without completing the registration of inheritance by making the instant real estate nominal trust to H.

B. (1) On August 19, 1981, Q and E prepared to the rest of the successors a letter to the effect that “the full waiver of their inheritance shares among the property of G and R (G father)” was “the full waiver of their inheritance shares.”

(2) On June 25, 1990, Te, Q, C, D, and F jointly succeeded to the legacy. On April 24, 1994, E, Q, Defendant C, and D drafted a written statement of waiver and transfer of inheritance shares in respect of part of the inherited property including the instant real estate to Defendant F, who was under difficult circumstances before G dump (hereinafter “the second agreement”).

C. ① The E, Q, C, D, and F filed a lawsuit against H’s heir seeking implementation of the procedure for ownership transfer registration due to the termination of title trust regarding the instant real estate (Seoul District Court 96Gahap43572) and received a favorable judgment on September 3, 1997, and completed the registration of ownership transfer according to the final inheritance shares, namely, the E126/425, Defendant C92/425, Q92/425, Defendant D92/425, and Defendant F23/425 shares.

② On January 13, 2005, E completed the registration of ownership transfer based on donations to Defendant B, his/her own shares among the instant real estate.

③ Q completed the registration of ownership transfer based on the gift in the future of the Plaintiff, who was wife on May 26, 2005 with respect to his share among the instant real estate.

Q = part against E, Defendant C, F, and D, other than the instant real estate.

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