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(영문) 서울중앙지방법원 2014. 02. 28. 선고 2013가합534044 판결

상속포기 신고를 하면 상속등기는 원인 무효의 것으로 말소되어야 하고, 피고의 압류등기는 효력이 없음[국패]

Title

If a declaration of renunciation of inheritance is filed, the registration of inheritance shall be cancelled as the invalidation of the cause of the refusal, and the registration of seizure by the defendant

Summary

If a declaration of renunciation of inheritance is filed, the registration of inheritance shall be cancelled as invalid of the cause of the revocation, and the registration of seizure by the defendant is invalid, and the defendant is liable to express his consent to the

Related statutes

Article 53 (Requirements for Release of Attachment)

Cases

2013 Doz. 534044 Request for approval for cancellation

Plaintiff

Ma-○

Defendant

Korea

Conclusion of Pleadings

September 12, 2013

Imposition of Judgment

November 28, 2013

Text

1. The Defendant expressed his/her intent to accept for the registration of cancellation of 4/16 of the largest ○○’s share among the registration of ownership transfer completed on September 8, 2010 by the receipt No. 7724 with respect to each real estate listed in the attached list Nos. 1 and 2 to the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

Cheong-gu Office

Paragraph (1) of the decision shall apply.

Reasons

As to the real estate listed in the separate sheet Nos. 1 and 2, the deceased on November 26, 2009 and the registration of ownership transfer was completed on September 8, 2010 in the future by the deceased △△△△△△△△, who was the owner of the real estate, and the registration of ownership transfer was completed on September 8, 2010, one of the heirs, and the registration of ownership transfer was completed on 4/16 shares in the last ○○○, one of the heirs. However, on August 27, 2010 by submitting a report of renunciation of inheritance and received a decision from the Seoul Family Court on August 27, 2010. Accordingly, the registration of ownership transfer transfer of each of the above real estate that was completed in the last ○○○○○○○○○○○○○, and thus, the registration of the Defendant’s seizure has no effect. Accordingly, the Defendant is obligated to accept the registration of the cancellation of the above shares to the Plaintiff, who exercised the right by subrogation of the original △○○○○ shareholder.