소유권말소등기
All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) C are dismissed.
(b) Costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
D owned each real estate listed in the separate sheet (hereinafter “instant real estate”).
D The heir died on September 8, 2017, and the heir is the Plaintiff, Defendant C, and E (hereinafter “Plaintiffs, Defendants, and E”) who are the spouse of Defendant B and E (hereinafter “heirs”).
Attached Form
With respect to real estate 1 and 2, the Defendants completed the registration of ownership transfer for each 1/2 share under the Changwon District Court No. 64183, Dec. 8, 2017, due to inheritance by consultation and division on September 8, 2017.
Attached Form
With respect to 3 to 6 real estate, Defendant C completed the registration of ownership transfer under Defendant C’s sole name on December 8, 2017 as the Changwon District Court No. 64182, which was received on September 8, 2017 due to inheritance by consultation division on September 8, 2017.
As to the instant real estate, each agreement on the division of inherited property, on which the seals of the names of the Plaintiff, Defendants, and E are affixed, with the content that the Defendants jointly own the attached Forms 1 and 2 on December 7, 2017, and that the attached Forms 3 through 6 on the same day shall be owned by Defendant C alone (hereinafter “agreement on the division of inherited property of this case”).
[Reasons for Recognition] There is no dispute between the inheritors of Gap 1 through 7, each entry of Eul 8 (including each number), each entry of Eul 8 (including each other), and the plaintiff's assertion D's assertion D's claim for the purport of the entire pleadings (hereinafter "the deceased"), which led to an agreement on the division of inherited property.
The plaintiff proposed that the real estate of this case should be registered under the joint name of the defendants, and the defendant B had the intent to accept the plaintiff's proposal, and the plaintiff issued the documents necessary for the registration of inheritance to the defendant C.
The agreement on the division of inherited property of this case was completed against the plaintiff's will.
Therefore, it is null and void that the registration of ownership transfer in the name of the Defendants for the instant real estate has been completed.
(hereinafter referred to as “(i) assertion.” Even if there was an agreement on the division of inherited property between the inheritors, it shall be deemed that there was an agreement.