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(영문) 울산지방법원 2017.12.12 2016가단65871
소유권이전등기
Text

1. The Defendants are with respect to each share of inheritance indicated in the separate sheet of inheritance calculation for real estate indicated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 29, 1971, registration of preservation of ownership in M’s name has been made with respect to the buildings listed in the attached list (hereinafter “instant building”).

B. The Plaintiff, while living together with the instant building before M prior to his death, has occupied the said building until the date of the closing of the argument in this case.

C. The heir under the former Civil Act (amended by Act No. 4199, Jan. 13, 1990) died on November 16, 1990, M resulted in N (the inheritance portion 6/34), Defendant B (the heir, the heir’s share 6/34), C (the same family share 4/34), D (the inheritance portion 4/34), E (the inheritance portion 4/34), F (the inheritance portion 4/34), G (the inheritance portion 4/34), O (the inheritance portion 4/34), O (the same inheritance portion, the inheritance portion 4/34), O (the inheritance portion 1/34), 1/34) and the Plaintiff (the heir 6/34), who is a child, the wife (the inheritance portion 6/1/34), 198 (the inheritance portion 1/1/34) and the death of Q Q 1/134).

(2) N, the wife of M, died on January 9, 1992, and the heir’s share in the inheritance of the Plaintiff and the Defendant B, C, D, E, F, and G, each of which is 6/272=6/34=1/8), and the share in the inheritance of Defendant H, L, and Q, the heir of which is 6/816=6/272 +1/3) respectively.

(3) Q produced Defendant I, J, and K, a child, between R, who is a married spouse (Death on July 3, 2002), and Q died on November 5, 2013, and Defendant I, J, and K’s heir [each share of inheritance 1428/2496 = (1/102 x 1/3) (6/816 x 1/3)].

(4) The share of inheritance of the Plaintiff and the Defendants is as indicated in the separate sheet of inheritance calculation.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, 8 and 9, each statement (if any, including a serial number), the purport of the pleading before oral argument

2. Determination as to the claim against Defendant C and D

A. The gist of the Plaintiff’s assertion was that the Plaintiff supported M while residing in the instant building along with the deceased M, and M donated the instant building to the Plaintiff before his death.

The Plaintiff’s death from November 16, 1990 to the present building.

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