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(영문) 대전지방법원 천안지원 2018.08.09 2017가단104916
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 20, 1978, the network A completed a marriage report with the deceased E on July 20, and among them, the Plaintiffs were their children. On December 21, 200, the deceased E on December 21, 200, the marriage relationship was terminated, and the report of marriage was completed on March 7, 2006, but the agreement was completed on December 15, 2008, and the report of marriage was completed with the Defendant on July 5, 2016.

B. On April 12, 2017, written between the deceased A and the defendant, the gift contract (Evidence No. 4-1) states that the deceased donated each real estate listed in the separate sheet (hereinafter referred to as "each of the instant real estate") to the defendant. The defendant completed each of the instant real estate registration (hereinafter referred to as "the ownership registration of each of the instant real estate") from the deceased A under the title No. 12563, April 27, 2017, under the title No. 12563, which was received on April 27, 2017.

C. The deceased died on June 16, 2017, and the deceased’s inheritors and children are the plaintiffs who are the spouse and the deceased’s children.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiffs, as to the assertion of forgery, etc., filed a registration of cancellation of ownership transfer registration with respect to each of the above shares, on the grounds that: (a) the Defendant stolen a seal imprint and identification card from the deceased; (b) issued a certificate of personal seal impression for real estate sale to the deceased A on or around April 2017; and (c) completed each of the instant registrations of ownership transfer with a signature and seal affixed by the network A to the intent of preparing a donation contract and an application for registration of ownership transfer in the office of a certified judicial scrivener; and (d) transferring the content of the documents to the deceased A; and (c) the Plaintiffs succeeded to 2/7 shares of each of the instant real estate as the deceased’s heir, the statutory

l.p. g., p.

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