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(영문) 광주지방법원 2018.02.02 2017가단22723
소유권이전등기말소등기 등
Text

1. Defendant C and B are to the Plaintiff (Appointed Party).

(a) The Gwangju District Court with respect to the real estate listed in Attachment List No. 1

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties, the Defendants all were children of the network E (hereinafter “the deceased”), each real estate listed in the separate sheet was owned by E, and E died on March 12, 1993.

B. On the ground of inheritance by agreement and division as of March 12, 1993, the registration of ownership transfer for the real estate listed in paragraph (1) of the attached list was completed on July 11, 2014 by Defendant C and B as of July 11, 2014 as of the real estate listed in the attached list No. 9805, and the registration of ownership transfer for the real estate listed in paragraph (2) of the attached list was completed on July 11, 2014 by Defendant C and B as of July 9806 as of July 11, 2014, and the registration of ownership transfer for each real estate listed in the attached list No. 3 through No. 11 of the attached list No. 9807 as of July 11, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 6-1 to 11

2. The parties' assertion

A. Defendant D (Appointed Party) stated that the real estate stated in Section 3 of the attached Table No. 3 should be incorporated into a site for public works executed in the real order group, and the compensation has been paid to the Plaintiff (Appointed Party) and the appointed parties. In order to receive this, Defendant D stated that the inheritance registration should be made regarding the real estate stated in Section 3 of the attached Table.

Accordingly, the plaintiffs (appointed parties) and the designated parties sent a certificate of seal imprint and a certificate of seal imprint.

However, the Defendants, using the Plaintiff’s certificate of seal imprint and certificate of seal imprint, forged documents and completed joint registration in the name of the Defendants, as if the agreement on division of inherited property was reached with respect to all of the real estate listed in the separate sheet.

The above agreement on division of inherited property is null and void, and therefore, the registration of transfer of ownership completed in the name of the defendants is null and void.

B. Defendants 1) Defendant C and D Plaintiff (Appointed Party and Defendants are gathered on April 2014, and Defendant C, a South-North Korean, is the sole owner of the deceased’s property.

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