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(영문) 창원지방법원 2019.04.12 2018나55347
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal as set forth in the following paragraph (2). Thus, this is acceptable as it is by the main sentence of Article 420 of the Civil Procedure Act

2. As follows, the part of the judgment of the court of first instance, which has been written or added, shall consist of 6 pages 11 to 19:

In regard to this, Plaintiff A asserted that the agreement on the division of inherited property of this case was made regardless of Plaintiff A’s will and that the content of the agreement is invalid because it was a document made formally without completing the division of inherited property as a result of the agreement. However, the agreement on the division of inherited property of this case was made with the Plaintiff’s seal imprint, and there is no evidence to prove that the agreement on the division of inherited property of this case was forged, and otherwise there is no other evidence to prove that the agreement on the division of inherited property of this case was forged. The agreement on the division of inherited property of this case stated that “The agreement on the division of inherited property of this case shall be owned by Plaintiff A,” and on July 23, 1992, Plaintiff A also completed the registration of the transfer of ownership on each of the above lands (Articles 9 and 10 evidence). In light of the fact that Plaintiff A completed the registration of the transfer of ownership on each of the inherited property of this case on July 23, 192, the agreement on the division of inherited property of this case shall be deemed to have been made genuine according to Plaintiff A’s.

The following shall be added to 9 pages 10 of the first instance judgment:

7. The consent (Evidence No. 15-2) of the land use of the inherited land of this case, which the deceased K drafted with the plaintiff A on May 18, 1993, is stipulated that the deceased K accepts the use of the inherited land of this case as the owner of the inherited land of this case).

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