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(영문) 부산지방법원동부지원 2017.05.02 2016가단215303
소유권이전등기
Text

1. For the plaintiffs:

A. Defendant H: (a) on the real estate stated in the separate sheet, the Changwon District Court Kim Jong-hae Registry on June 2015.

Reasons

1. Basic facts

A. I and Defendant C had children J, Defendant D, E, E, F, G, and H as legal married couple who completed the marriage report on April 10, 1960.

B. On July 23, 2004, J died, and the plaintiffs, their children, jointly succeeded to the properties of J.

C. On August 4, 2004, on the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by J, the ownership transfer registration listed in Paragraph 1(b) of the Disposition No. 1 for the reason of donation on August 4, 2004 (hereinafter “the first ownership transfer registration”) was successively completed on June 9, 2015, and on June 9, 2015, the ownership transfer registration listed in Paragraph 1(a) of the Disposition No. 1 for the reason of donation on June 8, 2015 (hereinafter “the second ownership transfer registration”).

I died on September 13, 2015, and he jointly succeeded to the property of his spouse C 3/15, Defendant D, E, F, G, and H 2/15 shares, respectively.

(S) 2/15 shares were inherited by the plaintiffs on behalf of the plaintiffs). [Grounds for recognition] There is no dispute, entry of Gap evidence 1 to 4 (including paper numbers), the purport of the whole pleadings.

2. Determination as to the defendants' main defense

A. The plaintiffs asserted that the registration of transfer of ownership Nos. 1 and 2 of this case was completed on the grounds of invalidation, and against the lawsuit of this case seeking the implementation of the procedure for registration of cancellation, the defendants asserted that the lawsuit of this case constitutes the lawsuit of this case for recovery of inheritance, and as such, the lawsuit of this case was filed ten years after August 4, 2004, where the registration of transfer of ownership No. 1 of this case was completed,

B. A reference inheritor who becomes the other party to a claim for recovery of inheritance refers to a person who has the appearance of relianceing that an inheritor is a property inheritor, although there is no legitimate inheritance right, or a person who possesses all or part of the inherited property by referring to the heir, and whether there is the appearance of relianceing that an inheritor is a property inheritor upon the transfer registration of ownership.

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