(영문) 광주지방법원 2018.09.19 2017가단527112

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(영문) 광주지방법원 2018.09.19 2017가단527112

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are children between the deceased F (Death on September 28, 2017) and G (Divorce on January 12, 2004). Defendant D is the deceased and the spouse married on March 29, 201.

B. As to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased, the Gwangju District Court’s head of the Gwangju District Court and its registry office as of July 6, 2017, No. 8355, Defendant D’s name was donated on the same day, and the same registry office as of August 9, 2017, No. 9979, which was received on August 3, 2017, respectively, registered ownership transfer in Defendant E’s name was completed.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 4 (including paper numbers), the purport of the whole pleadings

2. The plaintiffs' assertion and their determination as to the plaintiff's assertion are as follows: the contract of donation made between the deceased and the defendant D (Evidence No. 4) was forged with the seal of the deceased's arbitrarily without legitimate authority; thus, the registration of the above transfer of ownership in the name of the defendant D and the registration of each transfer of ownership in the name of the defendant E based on the above transfer of ownership in the name of the defendant D and the above transfer of ownership in the name of the defendant E were null and void. Thus, the plaintiffs' assertion that the claim in this case was made in order to seek cancellation of each share of 2/3, which is the share of the plaintiffs' share of each of the real estate in this case. Thus, it is insufficient to recognize that the testimony by the witness H alone was forged with the name of the deceased in the above contract of donation, and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

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