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(영문) 인천지방법원 2017.03.08 2015가단243728

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant, along with Nonparty D, E, and F (hereinafter “instant co-inheritors”), succeeded to the network G jointly upon the death of the deceased G on August 14, 2014.

B. On February 28, 2015, the Plaintiff and the Defendant, along with the instant co-inheritors, agreed on the division of real estate and deposits listed in the separate sheet as follows (hereinafter “the first division agreement”).

- The real estate indication 1 in the attached list 1 is F, F, and the real estate indication 2, 4, and 8 in the attached list 1 are the real estate indication 5, 6, and 7 in the attached list 4, 5, 6, and 7, as shown in the attached list 1, 9, 10, and 11, as shown in the attached list 1, are owned by E.

- Each deposit listed in Schedule 2 shall be owned by each co-inheritors, respectively.

C. On September 11, 2015, the Plaintiff and the instant co-inheritors confirmed the fact that the Plaintiff and the instant co-inheritors were excluded from the subject matter of the first installment agreement (hereinafter “instant real estate”), and signed and sealed the said written agreement to the effect that they were divided into the Plaintiff’s ownership (hereinafter “the second installment agreement”), but the Defendant did not consent thereto.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 5 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion, the Defendant, and the co-inheritors of this case, included the instant real estate in the first sectional consultation, and completed a sectional consultation, which is owned by the Plaintiff. However, the instant real estate was a piece of land with HW of 380 square meters in Incheon, and did not state the fact that it was subdivided. As such, the Defendant, following the first sectional consultation, is obligated to implement the procedures for the registration of ownership transfer with respect to the Defendant’s share of 1/5 of the instant real estate, in accordance with the first sectional consultation.

3. When the authenticity of a sheet is recognized as a single scam and a disposal document.