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(영문) 광주지방법원순천지원 2016.11.30 2016가단10296
소유권이전등기말소
Text

1. The defendant is limited to the plaintiff's share of 1/6 of the real estate stated in the attached Form on the ground of the restoration of the authentic name.

Reasons

1. The real estate indicated in the attachment of the claim is owned by net C (Death on November 30, 2008). Of them, the registration of ownership transfer was completed on November 8, 2010 in the name of the defendant with respect to one-six shares.

However, since the defendant does not correspond to the deceased's heir (the lawsuit for confirmation of existence of a father-child relationship is finalized), the registration of transfer of ownership in the name of the defendant who does not have the right to inheritance is the registration of invalidity of cause.

The deceased et al. agreed on the division of inherited property between the inheritors of the deceased, including the plaintiff, with respect to the above 1/6 shares as the sole owner of the plaintiff.

In lieu of the claim for cancellation of the registration of ownership transfer under the name of the defendant, the procedures for the registration of ownership transfer are sought.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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