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(영문) 제주지방법원 2019.12.18 2018나13998
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Facts of recognition;

A. The relationship C between the parties died on December 15, 2014. The heir was the Plaintiff, the South-North Korea Defendant, and the South-North Korea Plaintiff, who was the wife, and the Defendant was born between C and the divorced wife.

B. The real estate listed in [Attachment 1-8] list in [Attachment 1-8] was owned by C. A certified judicial scrivener H prepared, at the Defendant’s request, a written agreement on division of the inherited property with the content that the Defendant owns the real estate listed in [Attachment 1-4] list 1-4 on June 11, 2015, and that the Plaintiff divided the real estate listed in [Attachment 1-8] list 8 into owned by D, and that the land listed in [Attachment 7] list 8 was divided into owned by D, and that the Defendant divided the land listed in [Attachment 5-6]

C. (1) On June 11, 2015, due to inheritance by agreement and division as of December 15, 2014, the registration of transfer of ownership in the name of the Defendant was completed on the land listed in the attached Table 1 through (4) as of June 11, 2015 due to ① the registration of transfer of ownership in the name of the Defendant as to the land listed in the attached Table 1 through (4) as to Jeju District Court’s receipt of the attached Table 61249; ② the registration of transfer of ownership in the name of the Plaintiff on June 11, 2015; ③ the registration of transfer of ownership in the name of the Jeju District Court’s receipt of Jeju District Court’s receipt of the attached Table 61250; and the registration of transfer of ownership in the name of the Defendant on June 12, 2015 as to the land listed in the attached Table 5 and (6) as to the land listed in the attached Table 7 as of June 12, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is based on the following: (a) the registration of the transfer of the Defendant’s name in the name of the Defendant on the land indicated in [Attachment List 1-6, which was based on the inheritance by agreement and division as of December 15, 2014 (hereinafter “instant registration of transfer”) is invalid; (b) on the grounds that the registration of the transfer of the instant case is registration of invalidity; (c) on the grounds that

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