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(영문) 대구지방법원경주지원 2017.11.16 2015가단5364
상속회복청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The F died on March 6, 1996. At the time of the death, the heir was the Plaintiffs, H, Defendant D, and D, as the wife’s heir I (foreign descendants), and as a result of the G’s death on May 6, 2005, the heir I succeeded to the deceased’s property.

The final statutory inheritance of the net F Property of the Plaintiffs, H, and Defendant D, who are children of the networkF, G, are 1/6 shares (=2/15 3/15 x 1/6).

B. The registration of ownership transfer was made in Defendant D’s name on November 26, 2014, the receipt of No. 68465 on November 26, 2014, as prescribed by the Presidential Decree No. 68465 on March 6, 1996, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the networkF (hereinafter “the instant real estate”).

C. As to the real estate No. 3 of the instant case, the registration of ownership transfer was made in the name of Defendant E on the ground of donation by the Daegu District Court No. 59044, Sept. 4, 2015.

H filed a complaint with Defendant D as fraud, fabrication of private documents, or uttering of an falsified investigation document, but the prosecutor in charge decided on August 24, 2017 on the ground that “It is reasonable to see that Defendant D, while recognizing that he/she obtained consent from all brothers and sisters, including H, from preparing an inherited property division agreement, he/she shall be deemed that he/she completed the agreement (resumed consent).”

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 4 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiffs asserted that they granted the right to transfer each of the instant land according to inheritance shares when issuing a seal imprint certificate and a seal imprint certificate to Defendant D around November 2014. Defendant D infringed the Plaintiffs’ right to inheritance by completing the registration of ownership transfer in his/her future.

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