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(영문) 청주지방법원 2016.10.05 2016가단107592
상속회복등 청구의 소
Text

1. Defendant B received on May 12, 2015 from the Cheongju District Court as to the real estate in paragraph 1 of the attached list in the Plaintiff.

Reasons

1. Facts of recognition;

A. In around 1974, the network D got married to Nonparty E, and E was recorded in the family register as friendly F and B, who are married to Nonparty E.

E around 1977, the net D died on August 26, 2013.

B. The F renounced inheritance, and Defendant B completed the registration of ownership transfer for each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the network D on May 12, 2015 with the Cheongju District Court No. 65256, May 12, 2015.

On April 22, 2015, Defendant B sold to Defendant C the real estate indicated in attached Form B, and the ownership transfer registration was made on May 12, 2015 under the Cheongju District Court No. 65257.

C. Nonparty G filed a claim against Defendant B for confirmation of paternity, existence of paternity, etc. (the Jeju District Court 2015Ddan10851) and confirmed that “the parental relation does not exist between Defendant B and the deceased D” was determined by the judgment of the court below, and the judgment became final and conclusive.

There are siblings of the network D H and I with the network H (Death on October 10, 2005). The network H has been divorced from the J on October 10, 2005 with the husband, and there is the plaintiff, K, the network L, M, N, andO between the two children.

On May 27, 1999, the deceased L, P, Q, and R, a child of his/her heir.

【Ground for recognition】 Evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the registration of ownership transfer on each of the instant real estate is null and void due to inheritance in the future of Defendant B, because Defendant B is not the heir of the network’s property. Accordingly, the registration of ownership transfer made in Defendant C with respect to paragraph (2) of the attached list among the instant real estate is also null and void.

Therefore, Defendant B is the recovery of inheritance to the Plaintiff, one of the true successors of the network D, and Defendant C is the procedure for registration of cancellation of each transfer of ownership, which has been completed with respect to each of the instant real estate in the attached list No. 2.

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