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(영문) 서울고등법원 2019.08.22 2018나2063915

소유권이전등기의 말소등기절차이행 등

Text

1. The judgment of the first instance, including a claim for exchange change in this court, shall be modified as follows:

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on March 16, 2015. As the deceased’s heir, Plaintiff C (hereinafter “the deceased’s co-inheritors”) (i.e., F, South-North, the Defendant who was the wife of the deceased, Plaintiff A, the son and female, Plaintiff B, and C (hereinafter “the deceased’s co-inheritors”).

B. As inherited property of the deceased, each of the instant real estate exists, and on June 16, 2015, the letter of agreement on the division of inherited property (No. 7) dated June 16, 2015, stating that the co-inheritors of the deceased agreed that the instant 17 and 18 real estate (hereinafter “instant housing and housing site shares”) shall belong to F, and all of the co-inheritors of the deceased shall bear the seal impression.

C. On September 30, 2015, the letter of agreement on the division of inherited property (Evidence A No. 8), dated September 30, 2015, stating to the effect that the co-inheritors of the deceased agreed that the real estate of this case 1 through 11 owned by the defendant, and the real estate of this case 12, 16 owned by the plaintiff A, and the real estate of this case 14, 15 owned by the plaintiff B, and that the real estate of this case 13 was owned by the plaintiff A, C, and the defendant as of June 16, 2015, all co-inheritors of the deceased were affixed a seal impression.

The Defendant delegated the registration procedure to G following the agreement on the division of inherited property of each of the instant real estate to G. Accordingly, with respect to the shares of the instant housing and housing sites, the registration procedure was completed on June 23, 2015 by the Suwon District Court, Law No. 173249, Mar. 16, 2015.

E. After that, as to the real estate Nos. 12 and 16 of this case and the 1/3 portion of the real estate No. 13 of this case under the name of the plaintiff, as to the real estate No. 12 and 13 of this case under the name of the plaintiff, as to the real estate No. 14 and 15 of this case, and as to the real estate No. 13 of this case, the name of the plaintiff C, the real estate No. 1 through 11 of this case, and the real estate No. 13 of this case and the real estate No.