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(영문) 대구지방법원 2017.12.01 2017가단109165
상속권회복청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 24, 2001, the net G drafted a testamentary document that contains the content that “a notary public shall testamentary gift to the Plaintiff, who is the south of 13 percent of the testamentary donee’s share in the instant real estate,” and died on January 14, 2007.

As the heir of the deceased G, the Plaintiff and the Defendants are children.

B. The deceased G reported marriage with the deceased on March 31, 1961, and the I died on February 18, 1982, and reported marriage with the deceased J on March 2, 1982, and on November 27, 1997, the J reported marriage with K on October 22, 1998, and the agreement with K on March 23, 199.

The plaintiff and the defendants are indicated as children between the network G and I.

C. As to the instant real estate, the registration of transfer of ownership was completed under the name of J on July 5, 197, and the registration of transfer of ownership was completed on August 23, 2016 with respect to the Plaintiff and the Defendants on November 27, 1997. The registration of transfer of ownership was completed on November 28, 2016 with respect to some of the Defendants’ respective shares (3/65) on the ground of legacy as of January 14, 2007, and the registration of transfer of ownership was completed on November 29, 2016 on the Plaintiff’s share on November 21, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 7, 17, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion and the Plaintiff’s father G, the father of the Plaintiff and the Defendants, bequeathed the instant real estate under the name of the third denied J, to the Plaintiff, and there is no evidence that Defendant C, D, and E were the children of J. Therefore, the Plaintiff, as a claim for recovery of inheritance, sought against the Defendants the implementation of the procedure for the registration of ownership transfer based on the recovery of authentic title with respect to each of

B. Determination is based on the premise that the Plaintiff is the true heir, and the Defendants are the nominal heir.

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