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(영문) 청주지방법원충주지원 2016.10.19 2015가단22703
소유권이전등기
Text

1. The Defendants traded on August 20, 2009 with respect to each of the 1/5 shares in the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On February 20, 1912, the deceased G was the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”) in the state of non-registration.

B. The deceased H is the sole heir of the instant real estate as the grandchildren of the deceased G.

C. The network H died on February 18, 2015, and the Defendants, their children, are co-inheritorss.

[Grounds for recognition] The descriptions of Gap evidence Nos. 3 through 10 and the purport of the whole pleadings

2. On August 20, 200, the plaintiff purchased the real estate of this case from the deceased H at KRW 70,000 (Evidence 1 (a sales contract) and paid KRW 5,000,000 for cash on the same day to the deceased H (Evidence 2-1 (Receipt), the plaintiff paid KRW 20,000 for intermediate payment of KRW 20,000 for cash on October 16, 2009 (Evidence 2-2 (Receipt) and the intermediate payment of KRW 17,00,000 for part payment of September 16, 2010, KRW 3,000,000 for cash transfer to the deceased H’s account and KRW 17,00,000 for cash transfer of KRW 2-3 (Receipt),00,000 for total account transfer of KRW 14,000 for the account of the deceased.

(A) The Defendants asserted that they had the evidence No. 2-4 (Receipt), and seek the implementation of the ownership transfer registration procedure with respect to each inheritance share of the instant real estate.

On the other hand, the Defendants asserted that the net H did not enter into a sales contract with the Plaintiff or received the payment thereof, and that all of the evidence Nos. 1 (a sales contract), No. 2-1 (a sales contract), No. 2-2 (a receipt), No. 2-3 (a receipt), and No. 2-4 (a receipt) written in the name of the network H were forged.

3. Determination

A. In full view of the results of the appraiser I’s fingerprint appraisal conducted on April 19, 2016, the appraiser I’s fingerprint appraisal conducted on June 21, 2016, and on June 24, 2016, the results of the appraiser I’s written appraisal conducted on June 21, 2016, and the results of the fact inquiry conducted on I and the entire purport of the pleadings conducted by this court, the seal affixed on the evidence No. 2-2 (Receipt) and No. 2-4 (Receipt) shall be the hh’s unmanned.

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