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(영문) 서울중앙지방법원 2010.12.15 2009가단96166
부동산소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 8, 1979, I registered and owned a lot of land in its own name, including each land listed in the separate sheet (hereinafter “instant land”).

At the time I’s heir had wife J, Plaintiff B, K, Defendant C, L, M, N,O, and P.

B. On May 29, 1980, the above inheritors consulted on the division of inherited property with respect to all of the land owned by I, including the instant land. As to the land listed in Schedule 1(1) through (3) of the instant land, Defendant B, K as to the land listed in Schedule 1(4) and Schedule 1(5), and as to the land listed in Schedule 1(6) and Schedule 1(7), Defendant C prepared a written agreement on division of inherited property (hereinafter “instant agreement”).

According to the above consultation, each registration of ownership transfer (hereinafter referred to as "registration of ownership transfer of this case") was made in the name of Defendant B, K, and Defendant C with respect to the land of this case, as stated in paragraph (1) of the claim.

C. On November 2009, K succeeded to Defendant D, E, F, G, and H’s inheritance.

[Grounds for Recognition: Evidence No. 4, Evidence No. 6, Evidence No. 7, and the purport of the whole pleadings]

2. Determination

A. In the Plaintiff’s assertion, the instant land is the Plaintiff’s land purchased by the Plaintiff. Defendant B, K, and Defendant C, etc. conspired with the Plaintiff to affix the Plaintiff’s seal without permission, and forged the instant agreement to the effect that the instant land should be owned by Defendant B, K, and Defendant C. In addition, the instant agreement should be cancelled due to the invalidity of the cause for the registration of transfer of ownership, which was completed based on the forged agreement. In addition, the instant agreement is null and void because one of the successors’ P seal is omitted, and thus, the instant registration of transfer of ownership should be cancelled.

Preliminaryly, the transfer registration of ownership of this case shall be cancelled for the foregoing reasons, but the land of this case has already been cancelled to a third party.

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