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(영문) 춘천지방법원원주지원 2016.05.31 2015가단32911
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. The deceased C (hereinafter “the deceased”) died on January 24, 1984. The deceased’s heir has D, son, the Plaintiff, the Defendant, E, F, and son G (hereinafter “the deceased’s heir”).

B. Among the deceased's inherited property, the real estate of the deceased is identical to the real estate listed in the separate sheet (hereinafter "each real estate of this case"). On November 4, 1988, in the name of the deceased's heir, the defendant shall solely inherit each of the real estate of this case under the name of the deceased's heir (one year after the plaintiff was filed a lawsuit, and one year after the plaintiff was filed, the above agreement on the division of inherited property shall be deemed invalid because the defendant voluntarily affixed his seal impression of the remaining inheritors, such as the plaintiff. However, since the heir's name was based on his seal, it is presumed that the authenticity of the entire document is established. The testimony by the witness is insufficient to acknowledge that the defendant affix the remaining seals of the heir. Even if the defendant affixed his seal, according to the purport of each of the statements and arguments as stated in the evidence No. 7,8,9, and the remaining inheritors, the plaintiff's assertion that the above agreement on the division of inherited property of this case was insufficient.

C. On November 15, 1988, the registration of transfer of ownership was completed in the name of the defendant with respect to each of the instant real estate, and thereafter the registration of transfer of ownership was completed in the name of Type 6, 7, 11, 14, 16, and 17 on October 30, 2013 due to consultation on public land acquisition.

[Ground of recognition] Facts without dispute, 1, 2, 3, 5, 6 evidence, 7, 8, 9 evidence, and the purport of the whole pleadings

2. The summary of the cause of the claim is as follows:

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