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(영문) 대구지방법원 2020.06.17 2019나318674
기타(금전)
Text

1. Revocation of the first instance judgment.

2. As to the Plaintiff’s share of 2/10 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on October 23, 1989, and the deceased’s heir has D, the deceased’s spouse, the Plaintiff, the Defendant, and E.

Inheritance shares of the plaintiff and the defendant are 2/10, 3/10, respectively.

B. On September 27, 2017, the Defendant completed each registration of ownership transfer in the name of the Defendant (hereinafter “each of the instant real estates”) on the real estate listed in the separate sheet, which was owned by the Deceased (hereinafter “each of the instant real estate”) on the ground of the inheritance of the property due to the self-consultation agreement between the Changwon District Court and the registry office received on October 23, 1989 (hereinafter “instant agreement on the division of inherited property”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. In the first place, the Plaintiff thought that each of the instant real estate was transferred under the name of the mother D, and thus, there is no agreement among the inheritors of the deceased on the division of inherited property as to the agreement between the Defendant and the agreement on division of inherited property.

In addition, even if the agreement on the division of inherited property of this case was made, it is null and void since it was made under the status of the plaintiff's office capacity

Therefore, since the defendant who completed the registration of ownership transfer on each real estate of this case based on the above agreement on division of inherited property infringed upon the plaintiff's inheritance right, the procedure for the registration of ownership transfer on each real estate of this case to the plaintiff shall be implemented on the ground of the restoration of real name with respect to

B. Preliminaryly, even if the agreement on division of the inherited property of this case does not become null and void, the defendant should execute the registration procedure for transfer of ownership with respect to shares 1/10 of the real property of this case, which correspond to the plaintiff'

3. The defendant.

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