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(영문) 서울서부지방법원 2017.12.13 2017가합30200

상속회복 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are children of C and D.

B. As of January 19, 2014, C owned each real estate listed in Articles 1 through 4 of the [Attachment List 1] as of January 19, 2014 (hereinafter “instant real estate”). On September 10, 2014, C prepared a written agreement on the division of inherited property to be owned solely by the Defendant (hereinafter “instant first agreement”), and the Plaintiff’s seal is affixed thereto.

C. D, on September 29, 2015, the date of death, owned each real estate listed in Articles 5 through 13 of the [Attachment List (hereinafter “instant real estate”). On March 21, 2016, a written agreement on the division of inherited property (hereinafter “agreement 2”) to be owned solely by the Defendant for the instant real estate was prepared, and the Plaintiff’s seal is affixed thereto.

On July 15, 2014, the Defendant completed each registration of ownership transfer based on inheritance by consultation and division on January 19, 2014 with respect to the instant real estate No. 1, and completed each registration of ownership transfer based on inheritance by consultation and division on March 29, 2016 with respect to the instant real estate No. 2 on September 29, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, and Eul 1’s purport of the whole pleading

2. The plaintiff's assertion that the defendant has custody of the plaintiff's seal imprint, forged each letter of agreement on the Nos. 1 and 2 of this case, and completed each registration of ownership transfer on the real estate Nos. 1 and 2 of this case in the future of the defendant.

Therefore, since the above registration of transfer of ownership constitutes the registration of nullity of cause, the defendant is obligated to implement each procedure for the registration of transfer of ownership based on the claim for recovery of inheritance as to the share of 1/2 of the real estate Nos. 1 and 2 in this case to the plaintiff, who

3. We examine whether the Defendant forged the agreement form Nos. 1 and 2 of this case.

Gap 5's husband E on June 7, 2017