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(영문) 전주지방법원 2015.01.14 2013가단7679

상속회복

Text

1. The defendant shall restore the authentic name of each of the real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) died on June 12, 2012, and the Defendant is the wife, E, F, G, H, and I’s children.

D’s son’s son died on May 21, 1996 before the deceased died, and the Plaintiffs are the children of J.

B. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the Deceased. As to each of the instant real estate, “the ownership transfer registration based on the inheritance by agreement and division as of December 27, 2012” under the Jeonju District Court Kim Jong-dong Office No. 29031, Dec. 27, 2012, the Defendant, as to each of the instant real estate, refers to “the ownership transfer registration of this case.”

(1) 【No dispute over the grounds for recognition】

2. Determination as to the claim

A. The plaintiff's assertion on the cause of the plaintiff's claim argues that since the defendant completed the registration of ownership transfer of the above shares under the defendant's name without permission even though there was no consultation or consent with the defendant with regard to the plaintiffs' shares in succession among each of the real estate of this case, the defendant is obligated to implement the procedure for registration of ownership transfer for the reason of the restoration of real name with regard to the plaintiffs' shares in succession (1/15 shares in each plaintiff)

In light of the overall purport of the argument in the statement No. 6-12 of the evidence No. 6-12, E, a deceased’s child, requested that the plaintiffs deliver the certificate of seal impression and the certificate of personal seal impression and the certified copy of resident registration without clearly disclosing the user status to the plaintiffs around November 20, 2012. The plaintiffs received the certificate of personal seal impression and the certified copy of resident registration, and then deliver them to E along with the certificate of personal seal impression, and the defendant, using the above certificate of personal seal impression No. 6-12 on December 12, 2012, prepared a letter of agreement on the division of property under the plaintiffs’ name and a power of delegation necessary for applying for the registration of ownership transfer, and the defendant’s name as to all of the real estate of this case.