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(영문) 서울고등법원 2019.06.26 2018나2030991

상속회복

Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts are recognized if the purport of the whole pleadings is added to the statements in Gap evidence 1, 2, and 3-1, 2-2:

A. F, as of April 23, 1995, died on April 23, 1995, the Plaintiff, Defendant C and G, and H, who are the spouse, became co-inheritors.

B. On March 16, 2015, with respect to each land listed in the separate sheet (hereinafter “each land of this case”) owned by the network F, the registration of ownership transfer was completed in the name of Defendant B solely for the land of this case, and as to the land of this case No. 2 in Defendant C solely for the land of this case, the registration of ownership transfer was completed in the name of Defendant C solely for the land of this case.

(A) Each registration of ownership transfer under the name of the Defendant is referred to as “each of the instant registrations of ownership transfer.”

After that, on September 12, 2016, the transfer registration of ownership in I was completed on October 27, 2016 with respect to each of the instant land on the grounds of sale on September 12, 2016.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The co-inheritors, including the Plaintiff and the Defendants, did not register the inheritance of each of the instant land, inherited property, without filing an inheritance registration. However, in March 2015, Defendant B changed the Plaintiff’s seal impression and the certificate of seal impression to divide property according to the inheritance shares. As such, the Plaintiff was aware that the ownership transfer registration has been completed as much as his/her own shares in inheritance (2/11). However, the Plaintiff had confirmed each of the instant shares in the register. However, the Plaintiff confirmed the details of the registration and completed each of the instant registration of ownership transfer by using the seal impression and the certificate of seal impression. As such, the Plaintiff became aware that each of the instant shares transfer registration was completed in the name of the Defendants solely by preparing a false agreement on the division of inherited property (hereinafter “consultation on the division of inherited property”).

The Defendants’ above acts are the Plaintiff’s inheritance rights.