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(영문) 서울고등법원 2015.03.20 2014나30713

기타(금전)

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of the basic facts is as stated in the corresponding part of the reasoning of the judgment of the first instance.

(The main text of Article 420 of the Civil Procedure Act). However, "paragraphs 2 and 3" of the first three of the reasons for the judgment of the court of first instance shall be used as "paragraphs 2, 3 and 4", and "paragraphs 1, 4 through 44 of the third five pages" shall be used as "paragraphs 1, 5 through 44 of the third five pages."

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff had no knowledge about how inherited property was inherited at the time when D and E died, the procedure for compulsory auction was commenced for the plaintiff's share among the buildings listed in the annexed apartment list (hereinafter "the apartment of this case"), and since F, an attorney-at-law, recognized the plaintiff's seal impression and a certificate of seal impression, the plaintiff issued a certificate of seal impression and a certificate of seal impression.

H Even at the time of death, F should divide the inherited property of this case into sale, and if the name of registration is registered with H, the inheritance tax and transfer tax would be problematic, and the Plaintiff would be unified into one’s own sole ownership, and the Plaintiff would comply with this.

The plaintiff did not consult about the division of inherited property between E, D and H on the remaining inherited property with F, and as the F knew about the distribution of inherited property, the plaintiff's request for the certificate of the plaintiff's seal impression and the certificate of the personal seal impression and issued the certificate of the personal seal impression.

Therefore, each agreement on the division of inherited property, which is the cause of registration of the inherited property of this case, is nonexistent or null and void. The Defendants are obligated to perform the procedure for the registration of ownership transfer on the part of the Plaintiff’s share of inherited property of this case

B. According to the Defendants’ assertion D, E, and H’s death, their inheritors have made a three-time agreement on the division of inherited property, and completed the inheritance registration accordingly, all of which are lawful.

In other words, the inheritors, including the plaintiff, on March 8, 2010.