(영문) 인천지방법원부천지원 2014.12.03 2014가단11736

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(영문) 인천지방법원부천지원 2014.12.03 2014가단11736

소유권이전등기말소

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1. The defendant Kim Jong-so Credit Union shall share 2/11 of each of the real estate listed in the attached Table 5 to the plaintiff.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet Nos. 1 through 3 (hereinafter “instant real estate”) was owned by the deceased E, but the deceased died on November 13, 2005, and the deceased’s wife F, the Plaintiff, the Defendant B, C, and D succeeded to the deceased.

B. After the death of the deceased, each of the real estate listed in the separate sheet No. 1 among the instant real estate listed in the separate sheet No. 2 shall be registered to Defendant B, to Defendant C, and to Defendant D the real estate listed in the separate sheet No. 3, as stated in the purport of claim, registration of preservation of ownership and registration of transfer of ownership have been completed. Defendant Giman Agricultural Cooperative completed registration of creation of a neighboring mortgage and registration of creation of a superficies as stated in the same list as stated in the separate sheet No. 4. The Defendant Kim Jong-Un Credit Cooperative completed registration of creation of a superficies as stated in the separate sheet No. 5.

[Reasons for Recognition] Where there is no dispute between the parties, each entry in Gap evidence 1 to 6 (including additional numbers)

2. The plaintiff's assertion and judgment

A. After the Plaintiff’s death, Defendant B, Defendant C, and Defendant D deceiving the Plaintiff that they will register inheritance according to their inheritance shares, forged the agreement on the division of inherited property with a certificate of personal seal issued by the Plaintiff, and completed the registration of ownership preservation and the registration of ownership transfer based on the division as stated in their names regarding the instant real estate in their names. As such, the registration of ownership preservation and the registration of ownership transfer based on the division as to the instant real estate is invalid all of the Plaintiff’s inheritance shares among the registration of preservation and the registration of ownership transfer, and the registration of ownership creation and superficies creation are completed based on the invalid registration. As such, the Plaintiff’s inheritance shares are also invalid registration.

B. (1) Determination is made by means of a confession against Defendant Kim Jong-il Credit Union.

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