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(영문) 창원지방법원 밀양지원 2017.02.07 2016가단11143
소유권이전등기
Text

1. The defendant on August 8, 2009 with respect to the portion of 2/17 out of each real estate listed in the separate sheet to the plaintiff.

Reasons

The primary claim shall be considered to be a claim.

Facts of recognition

The deceased C (hereinafter “the deceased”) died on February 15, 2008, and at the time of death, there was the Plaintiff, Defendant, E, F, G, H, and I, who is his spouse, as the inheritor.

At the time of the deceased’s death, the real estate stated in JJ 2247.2 square meters and the separate sheet was each real estate at the time of the deceased’s death. Of the instant real estate on October 16, 2012, D completed the registration of ownership transfer based on inheritance on February 15, 2008 with respect to 2/17 shares as to 3/17 shares, respectively.

Then, on August 8, 2009, all co-inheritors, including the Plaintiff and the Defendant, prepared a written agreement on the division of inherited property to the effect that “All co-inheritors, including the Plaintiff and the Defendant, shall belong to D, and each real estate listed in the separate sheet shall belong to the Plaintiff.”

(2) In light of the above-mentioned facts as to the purport of the entire statement and oral argument, the Defendant is obligated to implement the registration procedure for transfer of ownership on August 8, 2009 with respect to each real estate listed in the separate sheet (hereinafter “instant Defendant’s share”), 2/17 shares among each real estate listed in the separate sheet (hereinafter “instant Defendant’s share”), barring any special circumstance, for the following reasons: (a) there is no dispute as to the recognition ground; and (b) evidence No. 3 (see, e.g., the agreement for division of inherited property, and the seal affixed on the Defendant’s name is based on the seal of the Defendant; and (c) there is no dispute between the parties that the seal affixed on the Defendant’s name would be based on the seal of the Defendant.

After the agreement on division of inherited property of this case, co-inheritors decided that the above agreement was not made after the agreement on division of inherited property of this case.

Therefore, the above agreement on division of inherited property is made.

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