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(영문) 서울서부지방법원 2016.09.06 2015가합2553
소유권이전등기말소
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall make half of the real estate stated in the attached list No. 1 of the plaintiff.

Reasons

1. Facts below the underlying facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 4, 13, and 16 (including branch numbers if there are serial numbers; hereinafter the same shall apply), Eul evidence No. 13, together with the whole purport of the pleadings.

The non-party D and the non-party D are legal couple, and the plaintiff, the defendant, the non-party F, G, and H are their children. The deceased E’s heir is D and the plaintiff, the defendant, the F, G, and H.

B.1) Each of the instant real estate was purchased in the name of Plaintiff D and E, and the transfer registration under the name of the Plaintiff was completed for each of the instant real estate. However, on September 23, 2002, the transfer registration under the name of the Defendant was completed on September 25, 2002 by the Seoul Western District Court’s receipt of the Seodaemun-gu Office of Registration on the ground of sale and purchase on September 23, 2002. (2) However, the instant housing was destroyed on May 20, 2016, and the registration of destruction was completed on June 15, 2016, and on the instant land was completed on August 4, 2015, the transfer registration was completed in the name of the Ibu District Court’s receipt of the Seodaemun District Court’s receipt of 3254 on the same day.

C. 1) On the other hand, on September 17, 2013, after the death of E, the Plaintiff, the Defendant, the F, and G, including not only the net E’s heritage but also the D’s property, among their inheritors, share the parent’s property with the content of the division of property (hereinafter “instant agreement”).

A) According to the above agreement, each of the instant real estate is jointly acquired by both the Plaintiff and H one-half shares, respectively. (2) Since then, D and H agreed to the contents of the instant agreement, which are the remaining successors of the network E, signed and sealed the said agreement.

2. Judgment as to the main claim

A. The plaintiff alleged by the parties did not sell each of the real estate of this case to the defendant. The defendant forged a sales contract under the name of the plaintiff, thereby forging each of the above real estate.

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