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(영문) 서울북부지방법원 2015.09.18 2014가단128516
소유권말소등기
Text

1. The defendant is Daegu District Court with respect to the plaintiff's share of 5/13 of each real estate stated in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement in Gap evidence Nos. 1 and 6 (including paper numbers):

1) Each real estate listed in the separate sheet (hereinafter “each land of this case”) is referred to as “each land of this case”).

(C) On September 26, 1993, C was the owner of C, and C died on September 26, 1993. The heir of C was the Plaintiff, children, D, E, F, G, and Defendant, who was the wife, but G died on June 9, 2012 without heir. (2) The Plaintiff sent the Plaintiff, D, E, and F (hereinafter referred to as “D, etc.”)’s personal seal impression and personal seal impression to the Defendant for the purpose of using the portion of the instant land to donate.

3) The Defendant, without the consent of the Plaintiff and D, uses his seal imprint and a certificate of the personal seal impression with respect to each of the instant land without the consent of the Plaintiff and D, by means of inheritance due to the consultation and division on September 26, 1993, the Daegu District Court of the Daegu District Court No. 8404, Jun. 18, 2009, which received on June 18, 2009 (hereinafter “each

(4) A) D, etc. filed a lawsuit against the Defendant to cancel each of the instant shares of 13 percent of each of the instant lands as to each of the instant lands by the court 2014da100839, and received a favorable judgment on September 24, 2014, and the said judgment became final and conclusive around that time.

B. According to the above facts, the Defendant may recognize the fact that each of the lands of this case was completed as a result of a division consultation of inherited property without the Plaintiff’s consent or permission after obtaining the Plaintiff’s seal impression certificate and the certificate of seal impression on each of the lands of this case under the pretext of donation of well-known part of each of the lands of this case to H.

Therefore, the registration of ownership transfer of this case with respect to five-thirds shares of the Plaintiff’s share out of each land of this case is the registration invalidation of the cause, and special circumstances exist.

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