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(영문) 서울중앙지방법원 2016.11.04 2015가단5334710
소유권말소등기
Text

1. As to each Plaintiff, as to shares of 2/11 of the respective real estate listed in the separate list, Defendant D shall be.

Reasons

1. Basic facts

A. (1) The details on the change in ownership of each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) are as follows: (2) the Defendant D, the spouse of F, on November 6, 1997, obtained ownership on November 8, 2003, the Seoul Central District Court received the registration office of the Seoul Central District Court from No. 66017, Nov. 7, 2003 (hereinafter “registration No. 1”) on the ground of gift as of November 7, 2003 (hereinafter “registration No. 1”); (3) Defendant E, the children of F, the receipt of the same registration office of May 14, 2009, No. 25729, May 11, 2009 (hereinafter “registration No. 2”).

B. The F’s death and inheritance relationship F died on November 1, 2013, and the Plaintiffs and the Defendants jointly inherited their property rights and obligations.

(Inheritance Shares: The fact that there is no dispute between the plaintiffs and the defendant E, and defendant D 3/11 [based on recognition], and each entry in Gap evidence Nos. 1 through 4

2. Determination

A. (1) The determination on the cause of a claim is that a transfer of ownership filed under the name of the former owner after the death of the former owner has already existed, but, while the cause of registration has not yet existed, if the predecessor lives in the case where the inheritance has commenced with the person liable for registration, the predecessor’s application for registration should be filed, or the registration is deemed invalid except in the case where the principal or his agent dies before the registration is completed after the registration officer received the application for registration and the registration is completed, and there is no room to acknowledge the burden of presumption of such registration. Therefore, the person who claims the validity of a registration filed under the deceased’s name and made

(2) According to the above facts, the first registration is filed based on the document of donation in the name of F prepared after the death of F, which is the former owner, and there is no special reason to the contrary.

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