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(영문) 서울남부지방법원 2018.04.26 2016가단36021
원인무효로 인한 소유권이전등기 말소
Text

1. All of the plaintiffs' primary and conjunctive claims are dismissed.

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

Reasons

1. Basic facts

A. The instant land was originally owned by the deceased H, but on March 17, 201, the registration of ownership transfer was completed on the ground of donation, as described in Paragraph 1 of this Article, in the future of the Defendant, who was the third father of the deceased.

B. On May 31, 2016, the above H died. The heir is the Defendant, who is the Plaintiff A, the son, the Plaintiff B, and the Plaintiff C, the son’s children, and Nonparty D, the son, the son’s children, and the Defendant, the son and the son, the son’s children.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, 12, and the purport of the whole pleading

2. Regarding the plaintiffs' primary and conjunctive claims

A. The plaintiffs primarily asserted that the registration of transfer of ownership in this case, which is completed in the future of the defendant, is null and void since the defendant did not obtain legitimate authority from the deceased H and completed the relevant documents by forging them at will. Thus, the defendant is obligated to implement the registration procedure for cancellation of transfer of ownership in this case to the plaintiffs

However, since there is no evidence to support the plaintiffs' assertion as to the fact that the above registration of ownership transfer is completed by forged documents, the above assertion by the plaintiffs cannot be accepted.

B. The plaintiffs asserts that the plaintiffs' entitlement to legal reserve was infringed upon by the transfer registration of ownership against the defendant in preliminary case.

In order to calculate the amount of legal reserve of inheritance and shortage, active property, donated property, inheritance debts, and special benefits of the person with the right to legal reserve of inheritance at the time of the commencement of the inheritance should be asserted and proved. However, there is no assertion or proof from the plaintiffs. Thus, the plaintiffs' above assertion cannot be accepted.

3. In conclusion, the plaintiffs' primary and conjunctive claims of this case are dismissed in its entirety.

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