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(영문) 서울북부지방법원 2020.02.19 2018가단129739
소유권이전등기 말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts: (a) Each of the instant real estate was owned by F; (b) F died on November 6, 2015; and (c) on May 13, 2016, each of the instant real estate was transferred to the Defendant on November 6, 2015 due to inheritance by agreement and division as of November 6, 2016.

(2) The Plaintiffs, G, and the Defendant were the heir of the networkF, and G died on March 25, 2017.

③ On March 22, 2017, the Plaintiffs and the deceased G sought payment of the amount equivalent to the respective inheritance shares out of the proceeds from the sale of real estate on the grounds that the Suwon District Court’s Ansan Branch Support and the agreement on division of the inherited property of this case, around which the agreement on division of the inherited property of this case was null and void as a false declaration of agreement, and that there was an agreement among the heirs of the deceased F, the heir would sell each of the real estate of this case and divide it into the respective inheritance shares, and filed a lawsuit seeking the implementation of the procedure for cancellation

(2017Gahap6006, hereinafter “Prior Case”). (4) G died on March 25, 2017, and the attorney of G voluntarily withdrawn his lawsuit on August 23, 2017.

⑤ Since then, the claim for the foregoing preceding case was modified. The altered main claim was made in title trust with the plaintiffs' shares in inheritance by way of middle omission registration, and the title trust agreement was sought for the implementation of the procedure for ownership transfer registration based on ownership transfer registration based on the restoration of real name with respect to each one-six shares in violation of the Act on the Registration of Real Estate under Actual Titleholder's Name on the ground that the title trust agreement was null and void. The first preliminary claim was invalidated following the second agreement on the division of inherited property on August 28, 2016, the first preliminary claim is sought for the execution of ownership transfer registration based on the agreement on the division of inherited property as of November 6, 2015. The second preliminary claim is the agreement on the division of inherited property in this case.

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