logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.14 2015가단5338507
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased E’s death and inheritance relationship, etc. 1) The deceased’s father and the deceased’s father and the deceased’s father, Defendant D’s ID (hereinafter “the deceased”).

(B) On March 2, 1989, the deceased on March 2, 1989. At the time of the death, there were Plaintiffs and F, who were their children. The inheritance shares among inheritors are as shown in the attached inheritance shares table. 2) The Defendant is the Plaintiff’s husband, i.e., the deceased’s husband, i., the deceased’s husband, i.e., the deceased’s husband.

B. The change of each land indicated in the separate sheet and the change of ownership relationship on the register is 1,7455 square meters of H forests and fields in Pyeongtaek-gun, Gyeong-gun, the sports division is 17455 square meters (hereinafter “forest land before division”).

The land owned by the network E is: ① ownership transfer registration based on sale on February 10, 1989; ② ownership transfer registration based on sale on July 8, 1998 was completed in the future of G on July 10, 1998 with respect to forest land owned by the network E before partition; ② ownership transfer registration based on sale on July 8, 1998 was completed in the future of F on February 22, 198.

3) On October 30, 2002, the forests and fields before subdivision are classified as “each forest of this case” as stated in the separate sheet on October 30, 2002.

(4) On October 30, 2002, the ownership transfer registration was completed on October 17, 2002, on the ground of an agreement on the land for public use on October 17, 2002 in Korea.

5) On June 10, 2005, with respect to each forest of this case on May 2, 2005, the registration of ownership transfer was completed on May 2, 2005 in the defendant's future.

2. Determination on the cause of the claim

A. The summary of the claim is that the F’s registration of transfer of ownership in the name of F as to each forest of this case claimed by the 1st shareholder, without the consent of the deceased, is invalid as the F applied for by stealing the deceased’s seal imprint.

However, there was an agreement between the plaintiffs and F on the trust of the plaintiffs' shares in inheritance, which became known after the death.

After that, each of the instant forests can be left in F’s name.

arrow