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(영문) 광주지방법원 순천지원 2018.11.07 2017가단75542
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. The deceased C (the deceased on December 6, 2014, hereinafter “the deceased”) married with D and maintained the Plaintiff, Defendant, E, and F.

B. The registration of ownership transfer was completed on October 7, 1991 under the name of the I Consultative Council (the representative deceased; hereinafter “the Consultative Council of this case”) on the ground of the sale on January 26, 1991, with respect to the land of H 91 square meters, which was divided into G 6,491.6 square meters of forest land, in the inn city, G 6,491.6 square meters in the inn city, which was owned by the inn city.

C. The registration of transfer of ownership in the name of JJ organization, K organization, or L organization was completed on March 10, 1997 due to the gift from March 7, 1997 as to each one-third portion of the real estate listed in paragraph (1) of the attached Table No. 1 of the annexed Table No. 1 (hereinafter “instant land”) that was divided around September 25, 1992 in the said H forest. The registration of transfer of ownership was completed on November 11, 2004 due to the sale and purchase in the name of M on December 7, 2004, and on March 9, 2007.

The deceased newly built on January 17, 1992 the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “the instant building”) on the instant land, but died without completing the registration of preservation of ownership. Of each of the instant buildings, the registration of preservation of ownership was completed in the name of the J organization, K organization, or L organization with respect to each of the instant 1/3 shares, and the registration of ownership was completed in the name of M on December 7, 2004 due to the sale as of November 11, 2004. The registration of ownership transfer was completed in the name of the Defendant on March 9, 2007 due to the sale as of March 8, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff asserted that since the deceased purchased the land of this case in the name of the Consultative Council on January 26, 1991, and newly constructed the building of this case, the plaintiff's legal reserve of inheritance was infringed upon by donating the land and the building of this case to the defendant, the defendant is obligated to return the legal reserve of inheritance infringed on to the plaintiff.

As to this, the defendant directly uses the land and buildings of this case.

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