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(영문) 울산지방법원 2018.06.26 2017가단56461
소유권이전등기
Text

1. The defendant has caused the plaintiff to recover the inheritance of 1/2 of the shares out of the real estate stated in the attached list.

Reasons

1. Basic facts

A. C is a child by marriage with D and E between them, and C is a child by the Defendant, G, H, and son I, who is a child by marriage with F after divorce with D.

B. F is co-inheritors who are the spouse of C, the Defendant, G, and H on August 28, 2009, and H I died on May 14, 199 and died on May 14, 199 (A7-54), and J and K’s heir as children.

C. C As of February 28, 2013, E, Defendant, and G are co-inheritors, and C’s ASEAN died on October 13, 2010, the Plaintiff A, children, M is the spouse, and M is the heir of J and K, who are the children of I. D.

Jeju-si N 365 square meters (hereinafter “N”) was owned by the network F, and registration of ownership transfer was made in the name of the Defendant on January 20, 2017 due to the inheritance by agreement division.

E. Each real estate indicated in the separate sheet (hereinafter “instant land”) with the deceased’s inherited property, and each real estate indicated in the separate sheet (hereinafter “instant land”) and Jeju-si, 4173 square meters prior to O, P road 20 square meters and Q 3137 square meters prior to Q (hereinafter “Ri and lot number”) were indicated as the cause of inheritance by agreement division around January 20, 2017, Q from the deceased’s inherited property under the name of G as the cause of registration, and P from the deceased’s inherited property under the name of G, for P, and for P, the instant land under the name of the Defendant and L/2 shares.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-6, 2-1-7, 7-17-63, and the purport of the pleading

2. The assertion and judgment

A. After the death of the deceased, the land in this case was inherited by the Plaintiff and the Plaintiff L 1/2 shares in each of the inherited property of the deceased, due to the division of inherited property among the heirs after the death of the deceased C and F husband.

Nevertheless, unlike the initial agreement on division of inherited property, the defendant forged a written division of inherited property and completed the registration of transfer of ownership of 1/2 shares in the name of the defendant and L with respect to the land of this case, and thus, the registration of ownership in the name of the defendant infringes upon the plaintiff'

(c).

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