(영문) 대구지방법원김천지원 2019.05.22 2018가단33899

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(영문) 대구지방법원김천지원 2019.05.22 2018가단33899

소유권이전등기

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1, 2, 3, and 5-6 to 14, Gap evidence 6-6 to 13, Gap evidence 7, 8, and 9.

Plaintiff

And D, as the defendants' put, died on June 30, 1994, and the heir died as the wife, F, the defendants, the plaintiff, and G, and E died on September 13, 2016.

B. The registration of ownership transfer was completed in the name of No. 1 through (4), and paragraphs (7) through (9) of the attached list (hereinafter “No. 1 real estate of this case” and “No. 2 real estate of this case, etc.”) but on August 20, 201, the registration of ownership transfer was completed in the name of the defendant B on the ground of “the inheritance by agreement and division as of June 30, 1994” under the name of the defendant B on August 20, 201. As to the real estate No. 7 or 9 of this case, the registration of ownership transfer was completed in the name of the defendant C on the ground of “the inheritance by agreement and division as of June 30, 1994” under the name of the defendant C on August 20, 201.

C. The registration of ownership transfer was completed in the name of D, H, I, and J for each of the real estate listed in the separate sheet Nos. 5 and 6 of this case (hereinafter referred to as “the instant real estate”), and the registration of ownership transfer was completed on August 20, 201 due to the following reasons: (a) the registration of ownership transfer was completed on August 30, 1994 under Defendant B’s name on June 30, 200.

2. The summary of the Plaintiff’s assertion did not have reached an agreement on the division of inherited property as stated in the agreement on the division of inherited property with the Defendants. It is reasonable that the Plaintiff did not enter the Republic of Korea after the transfer of the Plaintiff to Brazil in around 1995 and did not have obtained a certificate of the Plaintiff’s personal seal impression. As such, even though the Defendants did not have reached an agreement on the division of inherited property, the Defendants forged the agreement on the division

유사 판례

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