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(영문) 서울남부지방법원 2016.09.27 2016가단200884

상속회복청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Comprehensively taking account of the overall purport of the arguments in the statement No. 1-2, No. 1-2, No. 3, No. 4, No. 1-2, and No. 2-2, C died on February 24, 2015, the deceased’s wife D and his/her children as the deceased’s heir, the Plaintiff, the Defendant, and E exist; on February 24, 2015, the building owned by the deceased on February 24, 2015, the section for exclusive use of the building No. 1203 of the Kimpo-si, Kimpo-si, 101, No. 101-2, No. 143 square meters in Seoul, G G-2,143 square meters, which were owned by the deceased, and 1.56/2142 square meters in the above ground reinforced concrete sales facility No. 139.44, Feb. 24, 2015, the ownership of each of the above section for exclusive use can be recognized under the Defendant’s agreement on the ownership.

(1) The Plaintiff argues that the portion of the Plaintiff’s seal affixed to the Plaintiff’s certificate No. 1 was forged among the above documents by denying the fact that the Plaintiff’s seal affixed to the Plaintiff’s seal affixed to the Plaintiff. In the event that the portion of the Plaintiff’s seal affixed to the document is deemed genuine, the Plaintiff’s objection is presumed to have been duly sealed, and as a result, the entire document was presumed to have been authentic, and there is no evidence to prove that the portion in the Plaintiff’s name was forged among the evidence No. 1. The Plaintiff’s objection is without merit. As the cause of the Plaintiff’s claim, there was an agreement on division of inherited property among the inheritors to be owned by D with respect to the above section of exclusive ownership, but there was no agreement on division of inherited property among the inheritors regarding subparagraph 13 of the above section of exclusive ownership, and as to this, there was no agreement on division of inherited property between the inheritors, Defendant, and E three persons, notwithstanding the fact that the registration on division was completed at the proportion of 1/3 shares.