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(영문) 대전지방법원 서산지원 2017.03.16 2016가합478
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and E are the children of the deceased C (hereinafter “the deceased”), and the B and F are the children of the deceased.

B. On March 20, 2009, at the D Notaries Joint Office, No. 2264 of deed No. 2009, the testator’s deceased, on March 20, 2009, bequeathed the instant land to J, the Plaintiff’s children of will, at the D Notaries Joint Office, No. 1853 of deed No. 1853, on March 6, 2009, on the land of which the D Notaries’s No. 264, “B shall legacy the instant land to the donee (H and I).”

(hereinafter referred to as “instant authentic deed”). C.

After the Deceased died on April 14, 2010, B completed the registration of ownership transfer based on testamentary gift under the Daejeon District Court’s Seosan Branch No. 17283, May 13, 2010, as to the instant land.

At the time of the preparation of the notarial deed in this case, the Plaintiff asserts that the notarial deed and the registration of ownership transfer based thereon are null and void.

The action was brought to seek cancellation of the ownership transfer registration stated in the subsection.

(Seoul District Court Seosan Branch 2010Gahap1417). On March 24, 2011, the court of the first instance rendered a judgment dismissing the Plaintiff’s claim on March 24, 2011. The court of the second instance rendered a judgment dismissing the Plaintiff’s appeal (Seoul High Court 201Na2416) but the court of the second instance rendered a judgment dismissing the Plaintiff’s appeal on November 2, 201, and the said judgment became final and conclusive on November 19, 2011.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, purport of whole pleadings]

2. The Plaintiff’s summary of the Plaintiff’s assertion was written in violation of Article 1068 of the Civil Act and Article 37 of the Notary Public Act, and there is no effect of forgery or alteration.

B As the Plaintiff’s share of inheritance was infringed by completing the registration of ownership transfer on the land of this case based on the invalid notarial deed, it is confirmed that the said notarial deed was not genuine.

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