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(영문) 수원지방법원성남지원 2014.10.06 2013가단40161
소유권이전등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant’s husband He is the father of the network I, and the Plaintiff, C and Nonparty J, D, E, F and G are the children of the network I. The Defendant’s husband’s children are the children of the network I.

B. The deceased on June 25, 1993, and the deceased on August 26, 200.

C. Before subdivision, on January 23, 1975, the registration of ownership transfer was made in the name of Dongwon-gu Seoul Special Metropolitan City on the land of 513 square meters (hereinafter “the land before subdivision of this case”). On December 28, 1990, the registration of ownership transfer was made in the name of Dongwon-gu Special Metropolitan City, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City on the ground of donation as of December 22, 1990 (hereinafter “the registration of ownership transfer in this case”).

The Defendant completed the registration of ownership transfer on the land prior to the division of this case as of April 25, 2003, No. 25104, which was received on August 26, 2000, based on inheritance due to the division by agreement as of August 26, 200, and the land prior to the division was divided into the land at each land listed in the separate sheet on August 3, 2009 and the land at each land at 31 square meters and 6 square meters.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 7, the purport of the whole pleadings

2. The plaintiff alleged and judged that the deceased I suffered dementia around December 28, 1990, and there was no ability to express the intention to donate the land before the division to the deceased H. The deceased H had completed the registration of ownership transfer under the name of the deceased H as to the above N-land andO land owned by the deceased I by forging documents in addition to the land before the division of this case. In full view of the fact that the deceasedI voluntarily expressed the intention to donate the land before the division of this case to the plaintiff and the selectr before the formation, and that the deceasedI donated P-land to the deceased before the division of this case, so it can be recognized that the deceased H forged forged the necessary documents before the division of this case and completed the registration of ownership transfer as to the land before the division of this case.

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