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(영문) 창원지방법원 마산지원 2018.06.15 2017가합101577
상속권부존재확인청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On December 17, 1969, the deceased C (the deceased on December 3, 1997, hereinafter referred to as the "the deceased") registered the defendant on the family register as a child born between the plaintiff who was his wife and the plaintiff who was his wife.

However, on May 17, 1976, part of the deceased's family register against the defendant was cancelled by the former Busan District Court's permission (No. 6) and the recent family relation certificate (No. 10) against the plaintiff was registered only D as a child.

Meanwhile, on March 30, 1976, the part of the deceased's resident registration record card for each household against the defendant was cancelled ex officio on the ground of "the defendant's cancellation of family register".

In the inquiry of the fact about the Eth of the Hanan-gun Eth of this Court, it was sent to the purport that “the Defendant was ex officio cancelled from the deceased’s resident registration card for each household on March 30, 1973 and there was no abstract of the resident registration card against the Defendant”

In addition, the plaintiff is on the record keeping of the Changwon District Court Msan District Court

B. Although the applicant filed an application for recording of the former Busan District Court’s Busan District Court’s case of permission for cancellation on May 17, 1976, the above court is not keeping the record, and the reason for cancellation is not known at present.

On August 3, 2017, the Plaintiff: (a) made an agreement on the division of inherited property, and filed an application for the registration of the transfer of ownership with the Changwon District Court Branch Branch Branch Branch of Changwon on November 24, 2017 as the Plaintiff’s receipt registration office under Article 23296.

However, on December 4, 2017, G of the above registry office: (a) rejected a decision in accordance with Article 29 Subparag. 2 of the Registration of Real Estate Act on the ground that “The heir does not become final and conclusive because the data on the existence of the defendant, who is the person recorded in the transcript of the deceased’s removal.”

[Based on recognition] Each entry of Gap evidence Nos. 1 through 13 (including each number), and the plaintiff's assertion of the purport of the whole pleadings.

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