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(영문) 부산지방법원 2016.01.28 2015가합44215

소유권말소등기

Text

1. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on November 5, 2004, and the plaintiff A, B, and the defendant inherited the deceased, who is the wife E of the deceased and the children of the deceased.

B. On October 27, 2004, the Defendant completed the registration of ownership transfer (hereinafter “registration of this case”) on October 21, 2004, which was based on the donation on October 21, 2004 (hereinafter “instant donation”) with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) on October 27, 2004 before the deceased’s death.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (if any, including a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The primary claim Defendant was in the state of the office ability of the deceased at the time of donation of this case. The Defendant stolen the deceased’s seal imprint certificate and obtained the deceased’s certificate for sale without the deceased’s consent, and forged the donation contract and completed the registration of this case. Therefore, the registration of this case is invalid against the deceased’s will. Therefore, the Defendant is obligated to implement the procedure for cancellation registration of this case’s registration. 2) Although the registration of this case’s preliminary claim should be revoked, the registration of this case should be revoked in entirety, the Defendant’s registration of this case’s inheritance based on inheritance again after the Defendant’s registration was revoked, and the Defendant is obliged to perform the procedure for transfer registration of ownership as to shares of 2/9, each of the real estate of this case’s inheritance shares, in lieu of seeking cancellation of the registration of this case.

B. The plaintiffs' primary claim and conjunctive claim are all registered under the premise that the registration of this case is null and void as the registration of cause invalidation that the defendant completed by forging the gift contract of the deceased with the status of the deceased's work ability. Therefore, the registration of this case is null and void.