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(영문) 서울동부지방법원 2020.01.08 2019가합105403

상속회복 청구의 소 등

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1. The plaintiff's primary and conjunctive claims against the defendant B and C and the defendant D are all dismissed.

Reasons

1. Basic facts

A. F was deceased on April 23, 1995 and became the spouse of Defendant C and its children, and the Plaintiff, Defendant B and G, and H were the F co-inheritors.

B. As to each of the instant land owned by F Coinheritors, including Plaintiff B, Defendants B, and C, the instant land was written by the agreement on the division of inherited property (hereinafter “agreement on the division of inherited property”) with the content that Defendant C wishes to own, and the instant land was completed on March 16, 2015 due to the inheritance by the said agreement division. As to the instant land No. 1, the registration of ownership transfer was completed in the name of Defendant B, and as to the instant land No. 2, in the name of Defendant C, with respect to the instant land.

C. After that, Defendant B and C sold each of the instant land to Defendant D on September 12, 2016, and Defendant D completed the registration of ownership transfer under the name of Seoul Eastern District Court on October 27, 2016, as the receipt of No. 60119 on the instant land No. 1 on October 27, 2016, under the Seoul Eastern District Court’s receipt of October 27, 2016, as to the instant land No. 2, the Seoul East Eastern District Court’s receipt of October 27, 2016 (hereinafter “each of the instant land”).

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including the number of each branch), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's primary claim against the defendant B and C and the claim against the defendant D 1) The plaintiff and the F co-inheritors, including the defendant B and C, have not registered inheritance of each of the land of this case, which is inherited property.

In March 2015, Defendant C intended to sell each of the instant lands to the Plaintiff and divide them into inheritance shares, and the Plaintiff changed his seal imprint certificate and the certificate of personal seal impression to the Plaintiff, and the Plaintiff changed his seal imprint certificate and the certificate of personal seal impression to Defendant C.

However, Defendant B and C on March 15, 2015.