(영문) 대전지방법원 2016.10.25 2016가단204957

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(영문) 대전지방법원 2016.10.25 2016가단204957

소유권경정등기 말소등기청구

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1. The Defendant shall accept the Plaintiff B on June 4, 2015 with respect to each real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on December 15, 1997, and his heir is the spouse of the deceased and the plaintiffs, who are the children of the deceased.

B. Each real estate listed in the separate sheet (hereinafter in the separate sheet Nos. 1 and 2) was owned by the deceased, “The real estate listed in the separate sheet Nos. 3 and 4,” and “the real estate listed in the separate sheet No. 3 and 4,” was owned by the deceased.

C. As to the Daejeon Real Estate, the registration of transfer of ownership was completed on April 3, 2008 on the ground of inheritance by agreement and division as of December 15, 1997, and the registration of transfer of ownership was completed on July 2, 2009 on the instant red real estate by agreement and division as of December 15, 1997.

On June 4, 2015, the Defendant: (a) completed the registration for the change of ownership under the name of the Defendant solely for the reason of inheritance on June 3, 2015 due to the agreement division as of June 10, 2015; (b) completed the registration for the change of ownership under the name of the Defendant solely for the reason of inheritance due to the agreement division as of June 10, 2015, on the following grounds: (c) the agreement on the division of inherited property under the name of the Plaintiff B and the certificate of the personal seal impression, etc.; and (d) completed the registration for the change of ownership under the name of

(hereinafter the above registration of change of ownership is referred to as "registration of change of ownership of this case"). [Grounds for recognition] The fact that no dispute exists, Gap evidence No. 1 (including provisional number), the purport of the whole pleadings.

2. The assertion and judgment

A. The 1st Plaintiffs asserted by the parties did not have agreed on the share of inheritance that the Defendant and the Defendant independently inherited each of the instant real estate.

However, the Defendant forged a written agreement on the division of inherited property under the name of the Plaintiffs and completed the registration for the correction of ownership of this case.

Therefore, the defendant is null and void of the ground for appeal.

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