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(영문) 대전지방법원천안지원 2016.12.20 2016가단108942
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased on May 11, 1983, the deceased on May 11, 1983, and its inheritors are F (Death on August 16, 2015) as wife and the Plaintiffs and Defendants as children.

B. Of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), six percent shares in F future 18, 1 percent shares in the Plaintiff A future 18, 6 percent shares in the Defendant C future 18, 4 percent shares in the Defendant D future 18, 18 shares in the Defendant B future, and 1 percent shares in the Defendant B future, the registration of ownership transfer was completed due to the contract concluded on June 28, 1983 as No. 11494, Jun. 28, 1983, No. 11494, May 11, 1983.

C. Of the instant real estate, the registration of transfer of each of the instant shares (hereinafter “each of the instant shares transfer”) was completed in the name of the Defendants on the grounds of the purchase and sale on June 23, 1983 as the receipt of No. 11495, Jun. 28, 1983, as to F and the respective shares of the Plaintiffs, from among the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion E, the deceased on May 11, 1983, succeeded to each of the instant real estate owned by the deceased E according to the Plaintiffs’ statutory shares in inheritance, and the deceased’s motherF required to register inheritance. The Plaintiff’s certificate of personal seal impression was requested and this was devered. However, the registration of share transfer for one-eight percent of each of the instant real estate inherited between the Plaintiffs and the Plaintiffs was completed due to the Defendants’ future trading.

Therefore, the registration of transfer of each of the instant shares was made by a non-authorized person, and thus, the Defendants are obligated to cancel the registration.

B. Accordingly, according to the purport that the Defendant’s assertion-friendly net F, the Plaintiffs agreed with F to transfer their respective inheritance shares among each of the instant real estate to the Defendants’ future. However, due to tax burden, sales are not gift.

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