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(영문) 부산지방법원 서부지원 2018.01.11 2017가합101084
소유권이전등기
Text

1. Among the main claims of this case, the part of the claim to nullify the agreement on the division of inherited property, and the attached list.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on May 28, 1982 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) based on the sale and purchase on the same date.

B. C was killed on February 4, 198 (hereinafter “the deceased”), and at the time of the death, the Plaintiff, Defendant, and D, who were the deceased’s heir at the time of the death, were the deceased’s children. However, upon the death of the deceased, the Defendant, on April 6, 198, registered the ownership transfer of the instant real estate on the ground of “the inheritance of the property as of February 4, 198.”

(C) On May 30, 2005, the defendant completed the registration of partial transfer of ownership based on the gift made on May 27, 2006 to E, who is the defendant's spouse on May 30, 2005, as to 65/598 of the shares of the instant real estate, the defendant completed the registration of partial transfer of ownership based on the gift made on May 27, 2006 to F, G, and H on September 21, 2007, and completed the registration of partial transfer of ownership based on the gift made on September 17, 2007 (based on recognition), to F, G, and H on September 17, 2007 (including each number of items, if any, and the purport of the entire pleadings).

2. Summary of the plaintiff's assertion

A. 1) The instant real estate was inherited property upon the death of the deceased. The Plaintiff, the Defendant, and D, who are the inheritor of the deceased, have agreed on the division of inherited property related to the inherited property (hereinafter “instant agreement on division of inherited property”).

Therefore, the transfer of ownership of this case, which the Defendant completed with respect to the real estate of this case, is a forgery of the Plaintiff’s name, the agreement on division of inherited property and the certificate of seal impression without the Plaintiff’s consent, and is not based on the heir’s intent, and thus, it is not based on the heir’s intention. Thus, the Defendant is seeking confirmation of invalidity of the agreement on division of inherited property of this case.

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