logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.10.20 2017가단2749
소유권이전등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The network C had four children including the Plaintiff under the chain, and the Defendant is the Plaintiff’s mother and the wife of the network C.

B. The net C died on August 29, 1993.

C. On August 29, 1993, the Defendant completed the registration of ownership transfer stated in the purport of the claim (hereinafter “registration of ownership transfer”) on the real estate owned by the deceased C (hereinafter “the instant real estate”).

[Reasons for Recognition: Each entry of Gap evidence 1, 4, Eul evidence 1, 2 (including each number)]

2. Although the Plaintiff did not consult with the Defendant on the division of the inherited property with respect to the instant real estate, the Plaintiff’s gist of the Plaintiff’s assertion, the Defendant forged relevant documents and completed the registration of

Therefore, since the registration of transfer of ownership in the name of the defendant, which was completed with respect to the instant real estate, is invalid, the defendant is obligated to implement the procedure for registration of cancellation of transfer of ownership in the instant case, which was completed with respect to the portion corresponding to the Plaintiff’s share in the Plaintiff’s inheritance

3. Determination on the legitimacy of a lawsuit

A. The gist of the defense prior to the merits falls under the lawsuit for recovery of inheritance. The lawsuit of this case is unlawful since it was filed after the lapse of 10 years from the date of the Plaintiff’s act of infringing the Plaintiff’s inheritance rights.

B. (i) In the event a claim for cancellation, etc. of registration of real estate, which is inherited property, is filed against a reference heir, claiming the ownership of property rights, such as ownership or ownership due to inheritance, on the premise that the person is the true heir with respect to the inheritance, such claim constitutes a claim for recovery of inheritance under Article 999 of the Civil Act, regardless of whether the claim is based on inheritance, insofar as

Supreme Court en banc Decision 90Da5740 Decided December 24, 1991, and Supreme Court Decision 90Da5740 Decided October 15, 2009

arrow