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(영문) 울산지방법원 2016.07.01 2015가단64000
소유권말소등기
Text

1. The Defendant shall accept the registration of the Ulsan District Court and September 2, 2015 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On September 29, 1967, the deceased C (hereinafter “the deceased”) married with the deceased D on September 29, 1967, and had children E, E, South F, and three women Plaintiff.

B. On June 11, 2004, the Deceased received each real estate listed in the separate sheet (hereinafter “instant real estate”) from the network D, and completed the registration of transfer of ownership under the name of the Deceased under the registration and receipt of the Ulsan District Court No. 44638 on June 11, 2004.

C. Since then, the Deceased died on March 2015, and the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on September 2, 2015 due to inheritance due to the agreement division as of March 11, 2015, the registration and receipt of the Ulsan District Court on September 2, 2015.

The defendant, the wife of the above E, completed the registration of transfer of ownership under the name of the defendant as the registration of the Ulsan District Court on September 2, 2015 and receipt No. 195358 on the instant real estate due to the donation from August 31, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. As to the cause of claim

A. Comprehensively taking account of the facts and evidence as seen earlier and the purport of the entire pleadings and the testimony of the witness F, ① after completing the agreement on the division of inherited property with the purport that the instant real estate owned by the deceased was owned solely by the plaintiff around March 2015, the E, F, and the Plaintiff, the co-inheritors of the deceased, the Plaintiff, following the agreement to dispose of the instant real estate in the future and distribute the proceeds therefrom among co-inheritors. ② After obtaining the Plaintiff’s certificate of personal seal impression, the above E was completed on September 2, 2015 in accordance with the agreement on the division of inherited property. ③ Meanwhile, even though the Plaintiff did not have donated the instant real estate to the Defendant, the fact that the registration of ownership transfer was completed again in the name of the Defendant, the wife of the above E, using the Plaintiff’s certificate of personal seal impression, and on the same day, the

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