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(영문) 의정부지방법원고양지원 2017.09.29 2016가단76356

상속재산 협의분할 약정 무효 확인 등

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1. With respect to the plaintiffs, as to each share of 2/13 of the real estate listed in the separate sheet No. 1, Defendant C and Defendant D are as shown in the separate sheet No. 2.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on September 8, 2013, and his heir is the F, children, G, the spouse of which, and the Plaintiffs and the Defendants.

B. On February 4, 2014, Defendant C completed the registration of ownership transfer based on inheritance by agreement and division as of each real estate listed in the separate sheet No. 1 on September 8, 2013.

C. Defendant D completed the registration of ownership transfer based on inheritance by agreement and division as of January 10, 2014 on each real estate listed in the separate sheet No. 2 list as of January 10, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 7 (including branch numbers in the case of additional numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted 1) After the death of the deceased, they received contact from the defendant C on the necessity of registering inheritance according to the inheritance shares, and issued a seal imprint and a certificate of personal seal impression. The defendants arbitrarily used each of the real estate listed in the separate sheet No. 1, and each of the real estate listed in the separate sheet No. 2, as the defendant D's sole ownership, completed the registration of ownership transfer in the name of the defendants. Therefore, since the registration of ownership transfer with respect to each of the two-thirds/13 shares of the plaintiffs' shares out of the real estate that was completed by the agreement on the division of inherited property is invalid without legitimate grounds, the defendants are obligated to implement the registration procedure for ownership transfer for each of the two-thirds shares out of the real estate that was completed by each of the plaintiffs' joint inheritors, including the plaintiffs, for the real estate listed in the separate list No. 1, under the name of the defendant C, and for the real estate listed in the separate list No. 2, each of the defendant D's separate names.