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(영문) 창원지방법원 2020.02.11 2019가단103228
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. G died on March 10, 2007, and his spouse C, son H, son I, and the Plaintiff jointly inherited G’s property.

On the other hand, H also died in 2009 and D, E, and F, a spouse, jointly inherited H’s property.

The defendant is I's children.

B. The registration of ownership transfer or registration of ownership transfer was completed in the name of G with respect to each real estate listed in the separate sheet No. 1. (hereinafter “the instant real estate”) but the registration of ownership transfer was completed on August 24, 2004 under the name of the Defendant on August 16, 2004 (hereinafter “the instant registration of ownership transfer”).

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including each number), and the purport of the whole pleading

2. The Plaintiff’s assertion G did not donate the instant real estate to the Defendant.

In 204, G around 2004, he completed the registration of transfer of ownership of this case on the real estate of this case by forging documents necessary for the registration of transfer of ownership by I to fill the gap without mind after undergoing cancer diagnosis.

Therefore, the part concerning the portion of the remaining inheritors except I among the registration of ownership transfer of this case should be cancelled as the registration of invalidity of cause.

The Plaintiff, a heir of G, is an act of preservation based on the inheritance shares in respect of the instant real estate, and seeks implementation of the procedure for the registration of transfer of ownership for the restoration of real name.

3. As to the assertion that I forged the documents necessary for the registration of transfer of ownership on the instant real estate and completed the registration of transfer of ownership on the instant real estate in the future of the defendant, it is not sufficient to recognize the assertion that I completed the registration of transfer of ownership on the instant real estate in the future of the defendant, only the statements as Gap Nos. 3, 4, 5, 6-1 through 4, and testimony as witness C

Rather, according to the evidence Nos. 8, 9, and 10, and the result of the appraiser J’s fingerprint appraisal, G is not later than 11 days prior to the date of the registration of ownership transfer of this case.

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