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(영문) 서울중앙지방법원 2016.09.01 2015가단5277763
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. According to the Land Survey Book for the Japanese Occupation Period, F (F, Address: G in Gyeonggi-do) was registered as the one of the circumstances on November 15, 197, 2 years (Seo-gun in Gyeonggi-do, 1913) with respect to approximately 324 square meters in Yang-gun, Yangju-gun, Gyeonggi-do, and 183 (hereinafter each of the of the of the instant circumstances).

B. (i) On July 19, 1996, the registration of preservation of ownership in the name of the Defendant was completed on July 19, 1996, on the remaining-si B large 321 square meters (hereinafter “real estate of this case”) after the division from 324 to 97 square meters in Yangyang-gun, Gyeonggi-do.

The registration of preservation of ownership in the name of the defendant was made on April 14, 1997 with respect to the area of C river 53 square meters in Namyang-si, Namyang-si, which was divided from 183 to I, after the conversion of the area and the change of administrative district, etc.

(In the case of this case 1 and 2 real estate, each of the real estate in this case). The current status of the two real estate in this case is local class 2 river.

C. (1) On August 1, 1915, J (J, permanent domicile of the Plaintiff) died on the part of the Plaintiff, and on August 10, 1957, L, inherited from the Plaintiff, died on August 15, 1957, and M, inherited from the said, died on November 15, 198, and his wife N, Australia, the Plaintiff of the Plaintiff, the married son, P, Q, R, unmarried son S, and T are co-inheritors.

N The N died on April 12, 1991.O died on July 22, 2005, and the husband, U-V and W are co-inheritors. P died on October 28, 201 and died on October 28, 201, and children X andY are co-inheritors.

Before June 2015, the Plaintiff agreed on the division of inherited property between Q, R, S, T, U,V, and W that each of the instant real estate will be owned by the Plaintiff. Around July 2015, the Plaintiff agreed on the division of inherited property between X andY to the effect that the Plaintiff will revert each of the instant real estate to the Plaintiff by expressing his/her intent to waive the inheritance of each of the instant real estate.

[Ground of recognition] Gap 1 through 5, 22 through 30, 34 through 36, 6.

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