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(영문) 서울중앙지방법원 2016.08.23 2014가합549661
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. A. AD (D’s death on February 28, 2004, hereinafter “D”) married with the network E (E on March 20, 194; hereinafter “E”) on March 20, 194, left the Plaintiffs, Defendant, F, G, and H as their children.

B. The Plaintiffs, Defendants, E, F, G, and H (hereinafter “instant co-inheritors”) who are co-inheritorss of D, based on the agreement on the division of inherited property between the Defendant and H (hereinafter “instant co-inheritors”).

(1) The real estate listed in [Attachment] Nos. 1 to 10 (hereinafter “instant real estate”) owned by D around May 6, 2009 under the name of D (hereinafter “instant real estate”).

(A) the agreement on the division of inherited property (hereinafter referred to as “instant agreement”) that one-third/15 shares shall be owned by the Defendant and that the remaining two/15 shares shall be owned by H.

2) On May 12, 2009, the Defendant and H completed each ownership transfer registration (No. 15505 of receipt on May 12, 2009, hereinafter “instant ownership transfer registration”) as to shares of 13/15 shares among the instant real estate, and 2/15 shares of 2/15 shares, based on the instant agreement.

C. On May 2, 2013, the Republic of Korea (Minister of Land, Infrastructure and Transport) accepted real estate listed in Articles 9 and 10 of the [Attachment List], and each real estate listed in paragraph (8) of the Attached List on November 19, 2013, and paid to the Defendant a total of KRW 632,919,70 (hereinafter “instant expropriation compensation”) from April 30, 2013 to November 13, 2013.

The instant case No. G asserted that the instant agreement was forged against the Defendant, and filed a lawsuit seeking the return of the shares corresponding to G’s inheritance shares among the respective real estate listed in the attached list No. 1 through No. 8, and the amount equivalent to the above inheritance shares among the instant expropriation compensation (Seoul District Court Decision 2014Kahap6267, Oct. 16, 2015). The judgment dismissing the claim was rendered on the ground that it is not recognized as a forged fact on October 16, 2015.

2.3.

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