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(영문) 춘천지방법원 강릉지원 2013. 07. 03. 선고 2012가단10924 판결

상속인이 상속을 포기하였으므로 상속을 원인으로 한 소유권이전등기를 말소하여야 함[국패]

Title

Since the heir renounces inheritance, the registration of ownership transfer due to inheritance should be cancelled.

Summary

After completing the registration of establishment of a mortgage on the real estate owned by the debtor in order to secure the bonds, the registration of establishment of a mortgage on the real estate owned by the debtor has been completed, and the debtor died and the creditor has renounced his/her inheritance, but part of his/her heir has renounced his/her inheritance, so

Cases

2012 Ghana 10924 Registration for cancellation of ownership

Plaintiff

AAAAAA

Defendant

South AAAA external9 persons

Conclusion of Pleadings

June 19, 2013

Imposition of Judgment

July 3, 2013

Text

1. The plaintiff, and the defendant South AA, among each real estate listed in the separate sheet, are 6/35 shares, while the defendant HuOO, with respect to 2/5 shares, will implement the procedure for registration of cancellation of each transfer of ownership completed on July 12, 2010 by receipt No. 19290, respectively.

2. With respect to the cancellation registration of each transfer of ownership described in paragraph 1, the defendant stuff, tearO, O, O, O, and O, and the Republic of Korea shall express its consent to the plaintiff.

3. The costs of lawsuit shall be borne by each person;

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claim;

The plaintiff completed the registration of establishment of the real estate (hereinafter referred to as the "real estate in this case") listed in the separate sheet owned by HuO in order to secure the claims against HuO. The plaintiff completed the registration of establishment of the ownership of each real estate (hereinafter referred to as the "real estate in this case"). The defendant Credit Guarantee Fund, the creditor of HuO, died on February 10, 2010, and the defendant Credit Guarantee Fund, the creditor of HuO, appointed the defendant South AA and HuO as the heir of HuO's property, and completed the registration of ownership transfer of the real estate in this case due to inheritance. However, the defendant HuO renounced renounced renounced the inheritance of HuO on July 1, 201, and accordingly, the real estate in this case was transferred to the HuO, the wife, and the OO and OO, and the above part of the inheritance of the real estate in this case, the third and third part of the ownership registration of HuO, and the OOO and the third part of the inheritance of this case.

2. Applicable provisions;

(a) Defendant South AA andOO: Article 208(3)3 of the Civil Procedure Act (Decision by service by public notice);

(b) Defendant AnchorO, tearO, tyO, O, leastO, OO, and OO, and OO, respectively: Article 208(3)2 and Article 150(3) of the Civil Procedure Act (self-convened judgment);