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Reasons
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(영문) 대전지방법원서산지원 2017.08.10 2016가합51032
소유권말소등기
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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. Status 1 of the Parties

(2) On December 17, 1971, the deceased was married with the deceased H, and the Defendants and the deceased I (the deceased on November 5, 1994) were killed on November 6, 1994. After the deceased on September 23, 1996, the deceased re-born with the Plaintiff on September 23, 1996. The Plaintiff had two children of 1 South and North Korea between the deceased and the deceased.

3) On August 8, 2016, the Deceased died. B. The Deceased’s donation of pre-living real estate donated part of the real estate owned by the deceased to the Plaintiff and the Defendants, etc., and completed the registration of ownership transfer. The specific contents are as follows (hereinafter “the instant title title real estate”).

(2) On May 3, 2004, the donee and the share of shares on May 3, 2004, 2004, JJ 382.9 square meters on May 3, 2004. (L means May 4, 2004, Defendant D and E 1/2 K 243.1 square meters on May 3, 2004 (L means May 4, 2004, Defendant B 486.4/1891.6 Defendant B 529/1891 June 234.5/1891.6 M 235.7/1891.6/1891.6/23N 24.27.5 square meters on June 3, 2001 and 24.4.5 square meters on May 25, 2004, the Plaintiff 204.25 square meters on May 25, 2004.

C. On March 26, 2015, the deceased prepared a testamentary document stating that each one-fourth share of each of the real estate listed in the separate sheet owned by him/her (hereinafter “instant real estate”) shall be bequeathed to the Defendants as a testamentary document (hereinafter “notarial document of this case”) from among each real estate listed in the separate sheet owned by him/her (hereinafter “instant real estate”). D. The testament by an authentic will of this case (hereinafter “instant will”) was prepared.

After the Deceased’s death of each real estate of this case, the Defendants completed the registration of ownership transfer in their respective names concerning one-fourths of each of the instant real estate according to the will of this case on September 6, 2016.

E. The progress and progress of a divorce lawsuit, while the Plaintiff, on March 4, 2015, is the Daejeon Family Court.

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