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(영문) 수원지방법원 2016.11.17 2015가단143528
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. There were children between the deceased F (Death on May 5, 2005) and the deceased G (Death on September 30, 2013) and the Plaintiff, the Defendants, H, I, and the deceased.

The net J died before the net F and the net G, and there was K and L as its heir.

B. The netF owned 1/4 of the attached and attached 2 real estate, respectively, and died.

On December 5, 2012, the registration of transfer of ownership in the name of the defendant (hereinafter referred to as the "registration of transfer of ownership in this case") was completed on the part of the net F of the above real estate on May 5, 2005 due to the inheritance due to the agreement division as of May 5, 2005.

[Reasons for Recognition] The non-contentious facts, Gap evidence 2-1 to 9, the purport of the whole pleadings, and the judgment on the plaintiffs' assertion

A. On September 2012, the Defendant: (a) sold a 483m2m2 and 182m2m2 and a house on the ground before N in Sungsung-si; and (b) requested the Plaintiffs to issue a certificate of personal seal impression and a certificate of personal seal impression necessary for the sale; and (c) requested the Plaintiffs to pay KRW 15,000,000 each.

Around November 2012, the Defendant prepared a false letter of agreement on division of inherited property (Evidence B No. 1-1, hereinafter “instant letter of agreement”) with the purport that all real estate attached Forms 1 and 2 shall belong to the Defendant by using the above certificate of personal seal impression, etc., and submitted it to the registry for completion of the registration of transfer of ownership.

At the time of the preparation of the above agreement on division of inherited property, the deceased G was unable to be a dementia patient at the end, and the defendant arbitrarily prepared the agreement on behalf of the deceased G.

Therefore, the registration of transfer of ownership in this case is null and void, and the plaintiffs, who are the successors of the network F and the network G, inherited the shares stated in the purport of the claim among the real estate attached to attached Forms 1 and 2, thereby seeking the registration of transfer of ownership based on the recovery of authentic

B. Determination Nos. 3 through 11 (including a number for those with a serial number), 13 evidence 2 to 6, 14, and 15, the net G is around November 2012.

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