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(영문) 서울남부지방법원 2017.07.04 2016가단258807
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. C was killed on June 29, 2014, and his heir, the husband, and the Plaintiff and the Defendant, who are the husband, are the husband.

B. The Defendant forged a written agreement for partition (Evidence A7) and completed registration of inheritance in the future of the Defendant regarding the real estate listed in Paragraph 1 of the attached Table No. 40/100 shares among the real estate listed in Paragraph 2 of the same Table, 1/2 shares among the real estate listed in Paragraph 2 of the same Table, and 3 of the same list.

C. Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership due to the restoration of real name as stated in the purport of the claim regarding the plaintiff's share of inheritance (2/7 share) among the above inheritance registration completed in the future of the defendant to the plaintiff

2. As to whether a contract for a consultation and conclusion division (Evidence A7) is forged, there is no evidence to acknowledge that a contract for a division of agreement (Evidence A7) is forged, unless it is believed in light of the description of Evidence B No. 1 and the witness E’s testimony, and otherwise there is no evidence to prove that a contract for a division of agreement (Evidence A7) is forged.

The plaintiff's claim is dismissed on the ground that it is without merit.

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