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(영문) 창원지방법원진주지원 2017.08.24 2016가단34065
소유권말소등기
Text

1. The defendant shall be the plaintiff.

(a) Changwon District Court with respect to 3/9 shares of each real estate listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The deceased C died on February 27, 2016, and the property was inherited by the Plaintiff, Defendant, D, and E, who is the spouse.

B. The deceased C’s inherited property had land and buildings listed in the separate sheet (hereinafter “each of the instant real property”) and vessels (hereinafter “instant vessel”).

C. On March 11, 2016, the Defendant, D, and E prepared an inheritance division agreement and an inheritance transfer agreement to the effect that each of the instant real estate and vessels are owned solely by the Defendant, and affixed their respective seals, and affixed the Plaintiff’s seal impression on the name side of the Plaintiff.

The Defendant completed the registration of ownership transfer on March 15, 2016 with respect to each of the instant real estate, and completed the registration of ownership transfer on March 23, 2016 with respect to the instant vessel.

E. On April 14, 2016, the Plaintiff filed a provisional injunction against disposal of each of the instant real estate and the vessel, and completed the enforcement of the provisional injunction.

[Ground of recognition] The facts without dispute, Gap 1-8 evidence (including a branch number; hereinafter the same shall apply), the fact inquiry results with the South Sea Registry and the South Sea Agency, the purport of the whole arguments, and the purport of the whole arguments

2. The allegations by the parties and the determination thereof

A. Division of inherited property by the agreement on the issues of this case is effective only with the consent of all co-inheritors, and if there is no consent of one of the co-inheritors or there is any defect in the power of representation in such declaration of intention, division is null and void

(Supreme Court Decision 85Meu80). However, since there is no dispute as to the fact that the Plaintiff did not directly affix the agreement on the division of inherited property and the agreement on the transfer of inheritance to fishing vessels prepared by the Defendant, D, and E, it cannot be recognized that the Plaintiff consented to the division of inherited property solely on the fact that the Plaintiff’s seal imprint is affixed to the said document, and the Defendant, D, and E has the legitimate authority to affix a seal imprint from the

Ultimately, the issues of this case are prior to the preparation of the above agreement on division of inherited property and the agreement on transfer of fishing vessels.

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