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(영문) 창원지방법원 2017.07.13 2016나58700
소유권말소등기
Text

1. Of the judgment of the first instance between the Plaintiffs and Defendant H, the following part of the judgment ordering implementation is the Plaintiffs.

Reasons

1. Facts of recognition;

A. On February 24, 2014, J died. An heir to the Plaintiff A, B, deceased, and Defendants, who are the children of J, and Plaintiff E, F, and G, who are the Plaintiff D and their children, died on November 23, 2011.

B. On April 22, 2014, Plaintiff A, B, D, E, F, G, and deceased C (hereinafter “the Plaintiffs of the first instance trial”) and the Defendants completed the registration of ownership transfer in Defendant H, on the ground of inheritance by agreement division, with respect to each real estate listed in the separate sheet, which is the inherited property of J (hereinafter “instant real estate”) and N apartment Nos. 105 and 206 (hereinafter “instant apartment”).

C. On June 5, 2014, Defendant H sold the instant apartment at KRW 169 million to theO, and completed the registration of ownership transfer on June 16, 2014.

The deceased C was the co-Plaintiff in this case, and died on April 6, 2017, during the proceeding of this Court, and Plaintiff V, Z, and AA took over the instant lawsuit as the heir of the deceased C.

E. Meanwhile, the plaintiffs and the defendants' shares of inheritance against the deceased J's inherited property are as shown in the Schedule of Inheritance in Attached Form.

(The third son of the J shall not be separately considered as the death of the heir before the death of the J). 【The ground for recognition】 The entry of Gap 1 through 4, and 9 through 18 (including the serial number; hereinafter the same shall apply) and the purport of the entire pleadings.

2. The parties' assertion

A. The Defendants asserted that the agreement on the division of inherited property is revoked or null and void. (A) The Defendants had the agreement on the division of inherited property by deceiving the Plaintiffs that “The deceased J’s inheritors are bad and bad that they are attending the workplace, and if the registration of the transfer of the ownership of the instant real estate and apartment is made in the name of Defendant H, capital gains tax would be low, and if they would dispose of it after transferring it in the name of Defendant H and distribute the property according to the inherited shares.” However, the Defendants sold the instant apartment and distributed the price.

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