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(영문) 서울중앙지방법원 2016.04.26 2015가합506821
소유권이전등기말소등기 청구의 소
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 Plaintiffs and the Defendants are children of the network F, who died on February 11, 2013, and G are the wife of the networkF.

B. A written agreement on division of inherited property (hereinafter “written agreement on division of inherited property of this case”) was prepared around March 2013 and around July 15, 2013 with respect to each real estate listed in the separate sheet of agreement on division of inherited property of this case (hereinafter “each real estate of this case”) and its main contents are as follows.

In respect of inheritance commenced due to the death of F on February 11, 2013 by the co-inheritors G, Dong D, Dong D, Dong B, and Dong C, a written consultation on division of inherited property, shall be divided into co-inheritors G, Dong D, Dong D, Dong B, and Dong C, with respect to the following real estate as co-inheritors D and E, with a share of one half, respectively.

In real estate indication: G co-inheritors, A, D, Dong D, Dong B, and Dong C in inheritance commenced on March 201, 2013 by a clerk of the Council on Division of Inherited Property on February 11, 2013, as stated in the Claim 2 of this case, after the death of F, shall be divided into inheritance of the heir with respect to the following real estate among inherited property.

Indication of Real Estate: The same as the description of Real Estate No. 1 of this case is the same as that of July 15, 2013.

Defendant D and Defendant E completed the registration of ownership transfer on March 27, 2013 on the ground of the agreement on division of each of the instant inherited property, based on the agreement on division of each of the instant inherited property. On February 11, 2013, Defendant C and Defendant E completed the registration of ownership transfer on the ground of inheritance due to division of consultation. Defendant C completed the registration of ownership transfer on July 17, 2013 on the instant real property on February 11, 2013.

(hereinafter “each registration of ownership transfer of this case”) D.

After the investigation of the instant case, Plaintiff B filed a complaint with a seal imprint under the name of Defendant C’s business registration and forged each of the instant agreements on division of inherited property. However, on April 21, 2015, co-inheritors, including Defendant C’s complainant, filed an agreement on division of inherited property.

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