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(영문) 창원지방법원마산지원 2019.03.07 2018가단105548
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. A. AD (hereinafter “the deceased”) who owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) died on November 9, 2013. As a result, the deceased’s heir, E, F, Plaintiffs, and the Defendant inherited the deceased’s property.

(The inheritance shares of the plaintiffs and the defendant are 2/11). B.

On December 26, 2013, the registration of transfer of ownership in the name of the defendant (hereinafter referred to as "registration of transfer of ownership in this case") was made on the grounds of inheritance by agreement or division with respect to each real estate in this case.

[Grounds for recognition] The descriptions of evidence Nos. 4 and 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the plaintiffs' assertion 1) The defendant asserted that the plaintiffs' assertion is as follows: the plaintiffs' seal imprint and seal imprint in order to receive insurance money pursuant to the life insurance contract that the deceased joined after the death of the deceased (hereinafter "personal seal imprint, etc.")

(2) In order to recover inheritance, the beneficiary of a life insurance contract asserted by the Defendant is not required to obtain insurance money, and the heir, including the Plaintiffs and the Defendant, agreed on the division of inherited property in the name of the Defendant and completed the registration of ownership transfer in the name of the Defendant. Therefore, in order to recover inheritance, the beneficiary of the life insurance contract claimed by the Plaintiffs is the mother E of the Plaintiffs and the Defendant, and thus, the beneficiary of the contract is not required to obtain insurance money. The heir of the Plaintiffs and the Defendant agreed on the division of inherited property with the content that each of the instant real estate should be owned by the Defendant, and the Defendant completed each of the instant registration of ownership transfer.

B. Since the ownership transfer registration on the judgment real estate has the ability to presume the right, the grounds for invalidation cannot be asserted and proved in the disputing side.

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