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(영문) 울산지방법원 2019.02.20 2018가단62852
소유권이전등기
Text

1. The Plaintiff, among each real estate listed in the separate sheet,

A. As to the share of the defendant B 45:

B. Defendant C.

Reasons

F acquired each real estate listed in Schedule 1 on March 25, 1985, and April 3, 1985, respectively.

(hereinafter referred to as “instant land.” The F died on January 12, 1988 (hereinafter referred to as “the deceased”). At the time, the heir was G, Defendant B, Defendant C, and the Plaintiff.

G had been married to H (or I) on October 16, 1979 and was removed from the military register. The plaintiff was married to H on April 21, 1986, and the defendant B on March 11, 1986, respectively.

Therefore, the Plaintiff, Defendant B, and G are women who are not in the same family register, whose share of inheritance is limited to 1/4 of the share of inheritance for male, and Defendant C received inheritance as male and received succession by adding 50 percent of their own inheritance.

Accordingly, when calculating the share of inheritance of children, the plaintiff, the defendant B, and the defendant C are 0.25, respectively, and the defendant C is 1.5, and the former is 1/9, and the latter is 6/9, respectively.

After all, G completed the marriage report with Defendant D on October 25, 1994, and produced Defendant E on October 10, 1994.

G A A deceased on June 26, 2004 and succeeded to its rights by Defendant D and E.

Inheritances are 3/5 of the former and 2/5 of the latter.

3/45 of each conversion of the rights to the property held in the name of the deceased (=1/9 x 3/5 x 2/45 hereinafter referred to as the same method of calculation) and 45.

The instant land remains in the name of the deceased.

There is no dispute over facts above.

F The FF Plaintiff asserted in this case as follows, but it cannot be accepted for the following reasons:

In light of the provisions of Articles 1013 and 1015 of the Civil Act (the division of inherited property shall take effect retroactively from the time of the commencement of inheritance), the agreement on division of inherited property shall take place with free will among the heirs after the commencement of inheritance due to the death of the decedent, and on the other hand, the specific heir shall inherit the property by himself from the co-inheritors before the death of the decedent.

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