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(영문) 서울북부지방법원 2018.01.10 2016가단148316
소유권말소등기
Text

1. For the plaintiffs:

A. Defendant D is the Changwon District Court with respect to the portion of 1/2 of the real estate listed in the separate sheet No. 1.

Reasons

Basic Facts

F The death on February 18, 201 and became a spouse G, and seven members, including the Plaintiffs, the Defendants, and Nonparty H, were co-inheritors.

On the other hand, G died in July 2016 and six of the plaintiffs, Defendants, and H were finally co-inheritors.

F owned five parcels including each real estate listed in the attached list at the time of death.

On March 15, 2011, a letter of agreement on division of inherited property, on which his seal imprint is affixed, was drawn up in the name of seven co-inheritors.

The content is that the Defendant D solely succeeds to four parcels, including the real estate of paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”), as indicated in the attached Table list, and the real estate No. 2 of the attached Table No. 2 (hereinafter “real estate No. 2 of this case”) is jointly inherited by dividing it into Defendant D449/140 shares, Defendant E30/140 shares, Nonparty H61/1440 shares, and Nonparty H61/140 shares.

(hereinafter referred to as the “instant agreement”). According to the agreement of this case, the registration of ownership transfer of the first and second real estate of this case was completed in accordance with the order.

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1-7, Eul evidence Nos. 1-2-3, Eul evidence No. 2-1-2, Eul evidence No. 1-3, and the allegations by the parties to the purport of the whole pleadings are to complete the registration of ownership transfer equally according to the statutory share of inheritance, and the plaintiffs issued the certificate of seal imprint and the certificate of seal imprint to defendant D. The defendant D arbitrarily prepared the agreement of this case using it, and as to the real estate Nos. 1 and 2 of this case, the defendants claimed for the cancellation of the registration of ownership transfer in the name

As to this, Defendant D asserts that all of the contents of the instant agreement were explained to the Plaintiffs, Defendant E, and Nonparty H and obtained consent, and that the written agreement was prepared.

If the seal affixed to the name of the person in whose name the statement is affixed is affixed with the seal affixed, the seal shall be affixed, except in extenuating circumstances.

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