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(영문) 서울서부지방법원 2018.10.12 2018가합33947
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The deceased D (hereinafter referred to as “the deceased”) died on July 9, 2016, and the deceased’s heir C, children, the Plaintiff, the Defendant, the E, F, and the deceased’s husband H and children I, J, and K, who died on March 12, 199, first of the deceased.

On November 25, 2016, the designated parties C, the Plaintiff, the Defendant, E, and F agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with respect to the deceased’s inherited property, and among them, the content of the shares in the inheritance of inherited property is as follows:

1) “Real estate indicated in the attached list” (hereinafter “the instant real estate”) - Defendant 19/20, and 1/20 of the appointed parties C1/20. - If a ground for inheritance against 1/20 of the shares of the designated parties C in the future is issued, the Defendant alone succeeds to it, and the other persons do not assert any right, including legal reserve of inheritance. 2) - The “Sasan-gu Incheon Metropolitan City L Apartment and M (hereinafter “Sayang-si apartment”)” (hereinafter “Sayang-si apartment”) - the designated parties shall solely succeed to it.

3.The succession shall be made at the rates of Category C3/11, Plaintiffs 2/11, Defendants 2/11, E2/11, 2/11, and F2/11, and 11, in Daegu Northern-gu N (78,496 square meters in a net share) and O (175 square meters in a net share).

According to the agreement on the division of the inherited property of this case, the registration of the transfer of ownership in the name of the Defendant (19/20 shares) and the Appointer C (1/20 shares) was completed as of December 5, 2016 as of the Goyang Branch of the High Government District Court, Goyang Branch of the High Court on the instant real property as of December 5, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence Nos. 1 through 11, and the plaintiff's assertion of the purport of the whole argument as to the division of the inherited property of this case was made without participation of the co-inheritors. Thus, the defendant, etc. is liable to implement the procedure for cancellation registration of transfer of ownership of this case as to the real property of this case to the plaintiff.

Judgment

In this case.

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