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(영문) 대전지방법원 2017.08.23 2017나102226
상속회복청구
Text

1. Of the judgment of the court of first instance, the part against the defendant regarding the primary claim shall be revoked, and the revoked part shall be applicable.

Reasons

1. The reasoning for this part of the lower court’s reasoning is the same as that of the part on “1. Basic Facts” in the judgment of the first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The reasoning for this part of the judgment on the instant safety defense is the same as that of the judgment of the court of first instance regarding “2. Determination on the instant safety defense”, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment as to the main claim

A. The agreement on the division of the instant inherited property prepared by the Defendant’s assertion is null and void by arbitrarily preparing and sealing the instant real estate without obtaining authorization from the network N and the Plaintiffs on the part where the instant real estate is owned by the Defendant, on the ground that the agreement on the division of the instant inherited property by the Defendant was obtained from the network N and the Plaintiffs.

Therefore, the deceased N and the plaintiffs inherited the right to claim for the transfer registration of the ownership of the instant real estate held against the deceased M at the time of the deceased time in accordance with the statutory inheritance at the time of the deceased, and following the death of the deceased N, the deceased and the deceased succeeded to the shares inherited by the deceased N among the rights to claim the transfer registration of the ownership of the instant real estate in accordance with the inheritance again by the deceased and the defendant, P, Q, R, and S. As such, the plaintiffs have the right to claim for the transfer registration of the ownership of the instant real estate corresponding to the shares inherited by the plaintiffs against H, I, J, and K,

Therefore, in order to preserve the Plaintiffs’ inherited shares among the claims for ownership transfer registration regarding the instant real estate, the Plaintiffs seek for the cancellation of the part corresponding to the Plaintiffs’ inheritance shares among the registration of ownership transfer in the Defendant’s sole name regarding the instant real estate, which was completed by the agreement on the division of the inherited property that was null and void by subrogation of H, I, J, and K, the obligor

B. Although the owner of real estate is in the position of claiming the registration of ownership transfer, the registration of ownership transfer is not completed.

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