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1. Revocation of the first instance judgment.
2. The defendant shall pay 1/12 shares out of each of the real estate listed in the separate sheet No. 1.
Reasons
1. This part of the judgment is based on the reasoning of the judgment of the court of first instance, as stated in the part on “basic facts” under Article 420 of the Civil Procedure Act.
2. The Plaintiff’s assertion that he had his seal impression and identification cards kept by the deceased forged a gift contract, power of attorney, etc. in the name of the deceased, and made on August 18, 2016 that the deceased’s custody was made, regardless of his will, and then received an official seal from the deceased in the document confirming the deceased’s registration and completed the registration of ownership transfer in the future for the instant real estate owned by the deceased. Accordingly, the registration of ownership transfer in the name of the Defendant is null and void.
One co-owner of a real estate may seek the cancellation of the entire registration against a third party, as an act of preservation for jointly-owned property, if the ownership invalidation registration for the cause has been completed in the name of a third party with respect to the pertinent real estate. As such, one of the inheritors of the deceased is an act of preservation for jointly-owned property, and the remaining one-half share is not requested for cancellation in the relevant civil litigation among the registration of ownership transfer in the name of the defendant.
3. According to the facts acknowledged prior to the judgment and the purport of the entire pleadings, although the deceased did not have any specific and conclusive donation and intent to trust each real estate listed in the separate sheet Nos. 1 through 6 to the defendant, the defendant is recognized to have completed the registration of transfer of ownership in the name of the defendant by forging the donation contract, power of attorney, etc. in the name of the deceased, regardless of the deceased's intention to transfer ownership. Thus, the above transfer of
On the other hand, one of the co-owners of the real estate can seek the cancellation of the entire registration against the third party as an act of preservation of the jointly owned property where the ownership invalidation registration has been completed in the name of a third party on the real estate.
Supreme Court Decision 195 delivered on May 11, 1993