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(영문) 창원지방법원 마산지원 2017.04.21 2016가단10561
소유권이전등기말소
Text

1. For the Plaintiff (Appointed Party) and the Appointor:

(a) Defendant B shall share 4/5 of the real estate listed in Appendix 1 Schedule.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The facts of recognition 1) D and E were legally married couple on April 18, 1960, and Defendant B was born on the F date among them. D and E divorced on September 14, 1961. 2) D have given birth of the Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as “Plaintiff, etc.”) as indicated in the following table while maintaining a de facto marital relationship with G, and G reported the birth of the Plaintiff, etc. as the natural father between H, who is a spouse under the law at the time of the Plaintiff, etc. as the natural father at the time of birth.

Plaintiff

On March 15, 1968, AI on the date of birth AI on March 15, 1968, JK LM O 3) D on August 28, 1973, each real estate listed in the separate sheet No. 1-3 (hereinafter collectively referred to as the “instant real estate”).

(4) On January 25, 2015, Defendant B died on January 27, 2015, and on June 9, 2015, Defendant B completed the registration of ownership transfer for each of the instant real estate on the grounds of inheritance on June 8, 2015 and June 9, 2015. Defendant B sold the real estate listed in attached Table 1 List to Defendant C for KRW 130 million on June 25, 2015, and completed the registration of ownership transfer for that real estate on July 2, 2015.

5) On February 12, 2016, the Plaintiff et al. filed a lawsuit seeking confirmation of existence of paternity relation relation with H, D, and existence of paternity relation (this court 2016ddan100298). The judgment of award became final and conclusive on July 1, 2016. Accordingly, on July 27, 2016, the Plaintiff et al. corrected that D was recorded as “her mother” in the family relations register as of July 27, 2016. [based on recognition] without dispute, the Plaintiff et al. corrected that D was recorded as “her mother.”

2) Each entry of Eul 1-7 evidence, Eul 1-6 evidence, and the purport of the whole pleadings

B. The title inheritor who becomes the other party to the claim for recovery of inheritance refers to a person who has the appearance of trust in the property inheritor even though there is no legitimate right of inheritance, or a person who occupies all or part of the inherited property by reference to the title as the heir. In the event that the ownership transfer registration has been completed in the name of one of the co-inheritors with respect to the real estate which is inherited property, such registration shall be

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