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(영문) 대전지방법원 홍성지원 2018.07.11 2017가단9176
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) The registration of inheritance was completed under the name of the deceased H. However, the deceased on December 22, 2012. (2) The deceased on December 2, 2012 (the deceased on December 2, 2012) was the deceased’s heir, and among which, the deceased on March 5, 2013, the deceased on the ground that: (a) the deceased on the ground that the agreement on the division of inherited property was completed on December 22, 2012; (b) the deceased on the registration of inheritance was completed on June 27, 2017 (hereinafter “registration of inheritance 1”); and (c) the deceased on the ground that the deceased on June 27, 2017 (the deceased on June 24, 2017) had completed the registration of the transfer of ownership on each of the real estate recorded in the separate sheet on the grounds that the deceased’s spouse was the deceased on the grounds that the deceased’s spouse was the deceased on June 27, 2017.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-1 through 7, Gap evidence 2, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion was that the plaintiff A inherited 3/15 shares of the deceased H's property as the spouse of the deceased H, and the plaintiff B, C, D, E, and F inherited 2/15 shares of the deceased H's property.

The network I completed the registration of inheritance on March 5, 2013 with respect to each real estate listed in the separate sheet, but this is a registration completed with the seal impression affixed by the plaintiffs to the agreement on the division of inherited property with the content that the network I had the seal impression of the plaintiffs, and that each real estate listed in the separate sheet, without the plaintiffs' consent, should be registered in the name of the network I.

Therefore, since the registration of the second inheritance under the Defendant’s name, which was completed based on the registration of the first inheritance, is also null and void, the registration of the second inheritance was completed only on the remaining land except the land specified in paragraph (4), among the real estate listed in the separate sheet, but the Plaintiffs asserted that the land specified in paragraph (4) is not divided.

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