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(영문) 서울북부지방법원 2016.07.13 2015가합26973
상속회복청구
Text

1. The Defendant’s registration office of the Seoul Northern District Court on each real estate stated in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. The network D (hereinafter “the deceased”) was the owner of each real estate listed in the separate sheet (hereinafter “the instant real estate”) and had children between the Defendant, who is a legal wife, and the Plaintiff A and B.

B. On March 23, 1994, the Deceased donated the instant real estate to the Plaintiff A and B with one-half shares, respectively, and the deceased prepared a testament document with the content of designating the Plaintiff A and B as the executor of will.

C. The Deceased and the Defendant divorced on December 4, 2001, and reported the marriage again on August 13, 2013, and the Deceased died on October 11, 2013.

The Defendant prepared a written agreement on the division of inherited property with the content of the Defendant’s sole inheritance of the instant real estate without asking the intent of the Plaintiffs using the Plaintiffs’ seal imprint certificate, and completed the registration of ownership transfer on October 11, 2013 due to the inheritance by consultation and division (hereinafter “instant registration of ownership transfer”) with the Seoul Northern District Court Decision 82339 on December 9, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. One co-owner of the judgment on the cause of the claim may seek the cancellation of the entire registration against a third party, as an act of preservation for the jointly owned property, in case where the ownership transfer registration for an invalidation of the cause has been made in the name of a third party with respect to the property in question. If one of the co-owners interferes with the right of the other co-owners by making the registration of ownership transfer for the whole jointly owned property jointly owned by inheritance in an unlawful manner, one of the co-owners being interfered with the right of the co-owners as to the jointly owned property, and the above registration has been made in the name of the sole owner's co-ownership, all the co-ownership except the co-ownership of the co-owners.

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