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(영문) 부산지방법원서부지원 2017.12.08 2017가단3022

소유권이전등기말소등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network D. Since D died on March 6, 2009, the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed on April 5, 2010 for the Defendant, who was the head of Busan District Court’s private registry office, due to the inheritance due to consultation division under Article 13474 of the receipt of the instant real estate.

B. At the time of the deceased D’s death, the heir had the Defendant, Plaintiffs, and F, who is the spouse’s spouse’s deceased E and children.

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserts that since the defendant completed the registration of transfer of ownership under the sole name without any consultation on the division of inherited property, the part exceeding the defendant's share in inheritance should be cancelled as the registration of invalidity of cause.

(Plaintiffs asserted that they would first seek the cancellation of the entire registration of ownership transfer of this case since they can complete the registration of ownership transfer in accordance with their shares after the cancellation of the registration of ownership transfer of this case.

However, there is not any other evidence to acknowledge that the registration of ownership transfer in this case was the registration of invalidity of cause completed without consultation on the division of inherited property. Rather, in light of the overall purport of the arguments in the statement Nos. 1, 5, and No. 2, the Plaintiff, his father, and the Plaintiff, the Defendants, and F, after the death of the Plaintiff, and the Defendants, completed the registration of ownership transfer in this case by agreement that the registration of ownership transfer in the name of the Defendant should be completed. However, in disposing of the real estate in this case or distributing profits finally, the fact that the Plaintiff and the Defendants agreed to respect the opinion of E, the mother of the Plaintiff and the Defendants. Thus, the registration of ownership transfer in this case is the ground for invalidation.