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(영문) 창원지방법원 2016.09.21 2016나51761
소유권이전등기말소등기
Text

1. Revocation of the first instance judgment.

The plaintiff (appointed party)'s lawsuit of this case shall be dismissed.

2. The total cost of the lawsuit.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. We examine ex officio the determination on the legitimacy of the instant lawsuit.

A. The plaintiffs asserted that the registration of ownership transfer in relation to the site of this case in the name of the defendant C should be cancelled as it is invalid because the defendant C and the defendant company should have completed the registration of ownership transfer under the name of the defendant C by forging a written agreement on the division of inherited property, as it is concluded that the plaintiffs and the designated parties knew that they need a certificate of personal seal impression, etc. in order to newly build a low temperature warehouse for the storage of multi-use rooms and a shots on the site of this case and obtained it, and thus, they have obtained it. Therefore, the registration of ownership transfer in relation to the site of this case in the name of the defendant C should be cancelled as the cause is null and void.

B. In a case where one of the co-inheritors has completed the registration of ownership transfer of inherited real estate on the ground of an inheritance by agreement division, such agreement division is deemed null and void without the consent of other co-inheritors, and thus constitutes a lawsuit claiming the cancellation of the registration (see, e.g., Supreme Court Decision 2013Da68948, Jan. 23, 2014). Moreover, in a case where the co-inheritors claims the cancellation, etc. of registration of inherited property against the title heir or a third party who acquired a right to inherited property or entered into a new interest with respect to the inherited property by asserting that the ownership or ownership right, etc. arising from the inheritance is attributed to his/her true heir on the premise that he/she is the inheritor, the ownership or ownership thereof.

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