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(영문) 대구지방법원경주지원 2014.08.12 2012가단54
소유권이전등기말소
Text

1. The defendant (Counterclaim plaintiff) is 2/7.0 of the real estate listed in attached Form No. 14 of the list of each real estate to the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. From around 1988, the Defendant completed the marriage report on January 29, 2001, when Nonparty D had been living together with Nonparty D.

The plaintiffs are self-employed between D and their former spouses.

B. From October 1993, the Defendant, who had lived with D, operated the manufacturing company with the trade name of “F” in the name of “F” in the racing city. However, the name of the representative was D, while operating F, supported D and the Plaintiffs with D and D income once, and D did not have been involved in the operation of the above F.

C. Each real estate listed in paragraphs 1 through 13 of the attached list of real estate is acquired in the name of D in money by the Defendant while managing F. The real estate listed in Paragraph 14 of the attached list is that D was owned before the Defendant begins living together with the Defendant.

D As a result of the death of July 24, 2010, the plaintiffs, their own consciousness, and the defendant, who is his spouse, jointly inherited the D's property.

(2/7 of their respective inheritance shares, 3/7 of the defendant's inheritance shares). (e)

However, on August 19, 2010, the Defendant forged a written agreement on the division of inherited property under the name of the Plaintiffs, and completed the registration of transfer of ownership due to inheritance due to the consultation and division as of July 24, 2010, with regard to the real property listed in paragraph (14) of the attached Table No. 5289 on the same day as the Busan District Court’s Northern District Court’s receipt of the same date, and ② August 20, 2010, with regard to the real property listed in Articles 1 through 13 of the attached Table No. 47350 on the same day.

[Basis] Facts without dispute, Gap evidence 1-1, 2, 2-2, 3-1 to 14, 4, 6, Eul evidence 1-1, 2, 4, 7-1, 2, and 8-2, and the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiffs' assertion: The defendant shall forge a written agreement on the division of inherited property under the plaintiffs' names and register the ownership of each real estate stated in the separate list due to inheritance by agreement division.

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