(영문) 인천지방법원 2019.06.13 2018가합51101

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(영문) 인천지방법원 2019.06.13 2018가합51101

소유권이전등기절차 이행 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. D left the Plaintiff and the Defendants as his bereaved family members and died on March 15, 2009.

B. Of the land and buildings listed in the separate sheet, which are the inherited property of D (hereinafter “each of the instant real property”), the registration of ownership transfer (hereinafter “each of the instant real property”) was completed on April 15, 2009 on the share of Defendant B 6/10 and the share of Defendant C 4/10 on April 15, 209 on the share of 4/10, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including number), the purport of the whole pleadings

2. The summary of the claim of this case is that Defendant B issued the Plaintiff’s seal imprint certificate and the Plaintiff’s seal imprint certificate to Defendant B to the extent that the Plaintiff’s seal imprint certificate and the Plaintiff’s seal imprint certificate are necessary to resolve the issue of taxes, etc. related to the Plaintiff’s death. Although Defendant B did not have a divided agreement on the inherited property with respect to the Defendants and each real estate of this case with respect to the inheritance of Defendant B, and Defendant C did not have a divided agreement on inherited property with respect to the inheritance of 4/10 shares, the Defendants forged a written agreement on the division of inherited property with the Plaintiff’s seal imprint certificate and the certificate of the Plaintiff’s seal imprint certificate. The Defendants infringed the Plaintiff’

Therefore, the part which exceeds the scope of inheritance share among the registration of ownership transfer in the name of the Defendants with respect to each of the instant real estate completed according to the invalid agreement on division of inherited property is null and void. Thus, among each of the instant real estate, Defendant B is obligated to implement the procedure for registration of ownership transfer on the ground of the restoration of real name with respect to shares of 4/15 (=6/10 - the real share of Defendant B 1/3) and shares of 1/15 (=4/10- the real share of Defendant C 1/3).

3. The cause of the claim.

유사 판례

-부산지방법원 2007.4.19.선고 2007가합3301 판결

-서울고등법원 2018.05.03 2017나2073540

-서울중앙지방법원 2017.11.21 2017가합509473

-수원지방법원평택지원 2014.02.14 2012가단4171

-수원지방법원여주지원 2014.05.29 2013가합1760