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(영문) 대전지방법원 2014.09.19 2014가단202841
원인무효에 의한 소유권이전등기말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is the deceased’s inherited property on December 10, 2004, and as the deceased’s wife, I (Death January 21, 2007) and their children, the Plaintiffs, and the deceased’sJ (Death January 7, 2014)’s heir.

B. On June 13, 2006, the Daejeon District Court issued the Daejeon District Court with respect to each real estate of this case, and the registration of ownership transfer was made on the grounds of inheritance by agreement division as of December 10, 2004.

C. The Defendants are their successors as the wife and children of the deceased J.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. Despite the fact that there was no agreement on the division of inherited property between the deceased H’s inheritors on the sole inheritance of each of the instant real estate, the deceased J held the Plaintiff’s seal impression certificate and the certificate of personal seal impression. The plaintiffs believe that the deceased J would make a registration of inheritance by a division of agreement in the future in the network I on each of the instant real estate, thereby bringing the Plaintiffs’ seal impression certificate and the certificate of personal seal impression to the deceased I’s house.

The deceased J shall prepare a false written agreement on division of inherited property with respect to each real estate of this case to the sole inheritance of each real estate of this case, and 1.B.

The registration of ownership transfer was completed, such as the paragraph.

Therefore, each of the above registrations of transfer of ownership (hereinafter “each of the above registrations of transfer of ownership”) made with respect to a share of 4/5 of the plaintiffs’ inheritance shares among each of the instant real estate should be cancelled as a registration of invalidity of cause.

B. Since Defendant E, who represented the Defendants, expressed his/her consent to the Plaintiffs regarding the implementation of the procedure for cancellation registration of each ownership transfer registration of this case after the filing of the lawsuit in this case, the Defendants expressed their consent to the Plaintiffs respectively.

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