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(영문) 대구지방법원포항지원 2014.04.29 2013가단5808
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Of the instant land 1, 1/3 shares, the entire land of this case 2, and 1/4 shares among the land of this case 3 were registered in the name of I.

B. On January 10, 1970, I died after having her children J (manam, Australia) and K (mix), Plaintiff B (mix), and Plaintiff A (mix). On January 14, 1981, K died with her children including wife and L, and K died with her children on September 30, 2008.

L died on May 3, 2010 with Defendant C, Defendant D and E, the wife, and died.

C. On June 3, 2009, the Daegu District Court Branch Branch Decision 40966, which was received on June 3, 2009, completed the registration of ownership transfer for L on the ground of inheritance due to the consultation division, and following L's death, the registration of ownership transfer for L's share in the land of this case was completed according to the inheritance ratio of Defendant C, D, E's inheritance share (3: 2:2) on May 25, 2010 under the receipt of No. 40212 on May 25, 2010.

Since then, regarding Defendant C, D, and E-owned shares (3/28, 2/28, 2/28, 2/28), among the land in this case, the transfer registration on September 30, 2010 was completed in the future on October 1, 2010, Defendant F, G, and H (7/84 shares, respectively).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3-1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. It is true that the plaintiffs alleged as the plaintiffs' claims sent their seal imprints and certificates of seal impression to L. However, L did not hold an agreement on the division of inherited property so that L can solely inherit the shares of the I-owned shares in the instant land, and it does not confer L with the power of representation regarding the division of inherited property.

Nevertheless, L has forged a written agreement on the division of inherited property with the plaintiffs' seal impression and a certificate of seal impression and registered the transfer of ownership in L future.

Therefore, the registration of transfer of L's ownership is the registration of invalidation of cause, and the registration of transfer of ownership in the name of the defendants.

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