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(영문) 수원지방법원 2018.08.22 2017가단511484

상속회복청구의 소

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1. The defendant shall recover the real name of each of the lands listed in the separate sheet Nos. 1 and 2 to the plaintiff with respect to shares of 2/13.

Reasons

1. Facts of recognition;

A. C is the owner of each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter collectively referred to as “each of the instant lands”), and died on June 7, 2002

(hereinafter referred to as “C”). (b)

The deceased’s heir has D, as his spouse, the Defendant, E, the Plaintiff, F, and G.

C. On August 2, 2012, the Defendant completed the registration of ownership transfer based on inheritance by consultation and division on June 7, 2002 in the Defendant’s future with respect to each parcel of land listed in the separate sheet No. 1, and completed the registration of ownership transfer based on inheritance by consultation and division on November 28, 2012 in the Defendant’s future as to each parcel of land listed in the separate sheet No. 2 list No. 1, June 7, 2002.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that there was no ex post facto agreement on the division of inherited property by the deceased, but around 2012, the Defendant entered the document and completed the registration of ownership transfer as to each land of this case under the name of the Defendant alone, as if the Plaintiff had a personal seal impression and a certificate of personal seal impression.

Since the defendant infringed upon the plaintiff's inheritance shares (2/13), it is obligated to implement the procedure for the registration of transfer of ownership based on the restoration of real name with respect to the inheritance shares.

[이에 대하여 피고는, 원고가 망인 생전에 망인 또는 맏형인 피고로부터 금전 지원을 충분히 받았기 때문에 자신의 상속지분을 포기하였고, 그리하여 2012년경 이 사건 각 토지를 피고 단독소유로 하는 상속재산분할협의에 동의하였다고 주장한다.]

B. As to whether there was an agreement on the division of inherited property with the content that each of the instant land was owned solely by the Defendant among the inheritors of the deceased 1 deceased, according to each of the statements No. 8-2 and No. 3, the registration of the transfer of ownership with respect to each of the instant land.