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(영문) 대구지방법원서부지원 2016.12.23 2016가합51591
소유권말소등기
Text

1. The defendant is against the plaintiffs:

(a) Daegu District Court with respect to shares of 4/5 of each land listed in separate sheet No. 123.

Reasons

1. Basic facts

A. The FG was married on December 2, 1949 and the Defendant and the Plaintiffs were their children, and G died on February 14, 2004, and F died around May 2015.

B. At the time of death, G owned each land listed in the separate sheet No. 123 (hereinafter “instant land”) and the building on the ground listed in the separate sheet No. 3 (this building was already demolished as follows; hereinafter “former building”) in the separate sheet No. 123 at the time of death.

C. On October 23, 2015, which was after the death of F, the Defendant requested the Plaintiffs to send various documents, including the Plaintiffs’ certificate of personal seal impression, to the effect that “If the F does not complete the registration of transfer of ownership by the end of October 2015, the administrative fine shall be imposed on the two lots of rice paddy field (which is 84m2 and 153m2 before I) purchased at the time of the F’s construction of the mountain field housing in 1990.” The Plaintiffs issued the Plaintiffs’ personal seal impression, etc. around that time.

However, on November 9, 2015, the Defendant did not use the Plaintiff’s certificate of personal seal impression, etc. for the above purpose, and used it, and the Defendant solely inherited the instant land and the Gu building owned by the network G, and the Plaintiffs did not receive inheritance. Accordingly, the Defendant completed the registration of transfer of ownership in the name of the Defendant on November 11, 2015, which was based on the inheritance due to a consultation division, with the Daegu District Court’s Seo-gu Branch Branch Branch Office No. 1823 on November 11, 2015.

E. After completing the registration of ownership transfer with respect to the instant land and the previous building, the Defendant removed the previous building without obtaining consent from the Plaintiffs, and newly built a building listed in the attached Table 4 (hereinafter “instant building”) in part of the instant land, and obtained approval for the use thereof on August 2, 2016.

F. Meanwhile, the defendant deceivings the plaintiffs to receive a certificate of personal seal impression, and forges the letter of agreement on the division of inherited property under the plaintiffs' name.

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