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(영문) 전주지방법원 군산지원 2017.01.13 2016가단50509
소유권말소등기
Text

1. On June 1, 2015, the Defendant rendered a Gunsan Branch of the Jeonju District Court with respect to each real estate listed in the separate sheet No. 2 list to the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) married with D, six children, including E, Plaintiff, Defendant, F, G, and H, who had been married with D.

B. B. Before the death of the deceased, conflicts surrounding the deceased’s inherited property between the deceased and the deceased’s inheritors.

[Reasons for Recognition] Unsatisfy, Eul's evidence 1-1 and 2, the purport of the whole pleadings

2. Determination on the application for cancellation of registration of partial transfer of ownership shares

A. 1) The Plaintiff’s assertion 1) owned the real estate listed in the separate sheet No. 3, but the Defendant, by deceiving the Deceased, made a partial transfer registration on each real estate listed in the separate sheet No. 1/20 of the said real estate owned by the Deceased without the consent of the Deceased. Accordingly, the Plaintiff is a person who received a legacy of the entire real estate No. 1/2 of the respective real estate listed in the separate sheet No. 1, 2, 3, and 4 as indicated in the separate sheet No. 3, and 5 as a person who received a testamentary gift of the entire real estate listed in the same list No. 5 as indicated in the same list, and the Plaintiff claimed that the Defendant received a testamentary gift from the Defendant or all of the real estate listed in the separate sheet No. 3, but the will related thereto is not effective in the form of a will

The plaintiff is merely a person who has received some shares from the deceased, among each real estate listed in the separate sheet No. 3, and cannot seek implementation of the cancellation registration procedure for the defendant's shares unrelated to the plaintiff's shares.

B. 1) In fact, the Deceased owned each real estate listed in the separate sheet No. 3. 2) The Defendant completed the registration of partial transfer on January 21, 2015 as the receipt of No. 2576 on January 21, 2015 with respect to each real estate listed in the separate sheet No. 1/20 among the real estate owned by the deceased.

3 January 23, 2015, a notary public, on January 23, 2015, 2015.

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