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(영문) 광주고등법원 2017.06.02 2016나1013
유증을 원인으로 한 공유지분 이전등기
Text

1. The part against Defendant B, C, and D in the judgment of the first instance court shall be modified as follows:

Defendant B, C, and D shall be the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 1997, H bequeathed the Plaintiff (the head of H) as a notary public of November 18, 1997, No. 3317 of the 21st century’s General Law Office No. 1997, M& 898 square meters (the land was later divided into each of the real estate listed in the separate sheet; hereinafter “instant real estate”). A testamentary deed (hereinafter “instant testamentary deed”) with the content that the executor designates as U was written.

However, the above U died on February 15, 2003, which was before H’s death.

B. H (hereinafter “the deceased”) died on March 30, 2013, and the instant real estate is the only inherited property of the deceased.

The Defendants asserted to the effect that, in addition to the instant real estate, the land N,O, and P in the name of I is the deceased’s inherited property. However, there is no evidence to acknowledge it.

As the deceased’s heir, there are ① the Defendant F, G (Defendant E, F, and G are successors under Article 1001 of the Civil Act) and each share of inheritance of the said heir is next to the following: (i) the deceased’s spouse, who is the deceased’s spouse on May 12, 2005, who is the deceased’s spouse on May 12, 2005, who is the deceased’s spouse; (ii) the deceased’s spouse; (iii) the deceased’s children; (iv) the deceased’s heir’s children

same as the entry in the subsection.

On March 30, 2013, the Plaintiff sought for the implementation of the procedure for the registration of ownership transfer on the inheritance shares of each of the instant real estate in this case against I, J, and K. In the first instance court proceeding, the conciliation was concluded that I, J, and K transferred each of the inheritance shares to the Plaintiff upon the Plaintiff’s request.

C. On August 24, 2015, the Plaintiff requested the Gwangju Family Court to appoint an executor in the case of 2015 Madan1547, but was dismissed by the said court on August 26, 2015.

The aforementioned successors, including the Defendants, among the real estate in this case, by the receipt of the Manman Office of the Gwangju District Court on October 23, 2015 by the 16717 Incheon District Court, the shares of 21/119, the Plaintiff, the Defendant B, C, D and Nonparty J in the future, and the shares of 14/119, respectively, and the shares of 6/119 in the future of the Defendant E.

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