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(영문) 광주지방법원해남지원 2020.03.31 2019가단201188
소유권말소등기
Text

1. The Plaintiff’s claims against the Defendant (Appointed Party), Appointed C, and D are all dismissed.

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

Reasons

1. Basic facts

A. The network E (hereinafter “the deceased”) had the Defendant (the appointed party; hereinafter “Defendant”), the appointed party C, and D as their children between the former and the former, and completed the marriage report with the Plaintiff on April 27, 2004.

B. The Deceased died on April 9, 2011.

The Plaintiff’s shares in the inherited property of the deceased are 3/9 shares, and the shares in the inheritance of the Defendant, the designated parties C, and D are 2/9 shares, respectively.

C. The Defendant, Selected C, and D completed the registration of ownership transfer for each one-third portion of the real estate listed in paragraph (1) of the attached Table No. 1, which was owned by the Deceased on May 18, 201, based on inheritance by division as of April 9, 201 (hereinafter “instant registration of ownership transfer”), Selection C, and D, based on inheritance by division as of April 9, 201, among the real estate listed in paragraph (2) of the attached Table No. 2, which were owned by the Deceased on May 18, 201 (hereinafter “instant registration of ownership transfer”), and the Selection completed the registration of ownership transfer for each 1/2 portion of the real estate listed in the attached Table No. 2, which was owned by the Deceased on April 9, 201 (hereinafter “the title transfer”), and C completed the registration of ownership transfer due to inheritance by division as of May 18, 2011.

(hereinafter referred to as the “third-party ownership transfer registration”, and each real estate listed in the separate sheet (hereinafter referred to as the “each real estate of this case”) D.

On January 13, 2016, appointed parties C shall complete the registration of ownership transfer made on January 12, 2016 due to sale and purchase on January 12, 2016, with respect to 1/3 shares of the defendant and the appointed parties D among the real estate listed in attached Form No. 1.

(hereinafter referred to as “instant 4 ownership transfer,” and the purport of the following: (a) No dispute exists; (b) evidence Nos. 1 through 9; (c) witness evidence Nos. 7; (d) witness evidence Nos. 4; and (e) witness witness evidence Nos. 1 through 4; and (e) the purport of the entire pleadings.

2. Judgment on the main defense of this case

A. The gist of the Defendant’s assertion is that the Plaintiff did not consent to the agreement on the division of inherited property regarding each of the instant real estate.

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