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(영문) 대구지방법원 2018.04.12 2016가단112409

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 30, 1989, the Plaintiff completed the marriage report with the deceased D (hereinafter “the deceased”), and the deceased died on June 17, 2003.

The defendants are the mother and child relationship between the plaintiff and the deceased.

B. On March 17, 2002, the Deceased prepared “the current status of property ownership and details of allocation,” and distributed 12 real estate to the deceased’s children, including the Defendants, including each of the real estate listed in the attached list on the deceased’s possession (hereinafter “each of the instant real estate”, and, in case of a daily setting of the building only, the “instant building”) by allocating 7/10 shares to the Defendant B and 3/10 shares to the Defendant C.

On the other hand, with respect to the instant real estate, the deceased and the Plaintiff were to reside until their survival, and the Defendants were unable to make a request for evacuation (hereinafter “instant inheritance agreement”).

C. Upon the deceased’s death, the Defendants completed the registration of ownership transfer with respect to each of the instant real estate by the Daegu District Court’s registration No. 10483, Feb. 24, 2006, under the Act No. 10483, Feb. 24, 2006, and Defendant C completed the registration of ownership transfer with respect to 3/10 shares.

On February 24, 2006, the Plaintiff and the Defendants prepared a contract with respect to each of the instant real estate (hereinafter “instant contract”) with the following content, and on the same day, a notary public has completed the authentication from E Joint Law Office No. 877 of 2006 with respect to the said contract:

- Until the death of the mother-friendly AC (Plaintiff), each of the instant real estate shall be resident, and the inheritor B and C (Defendant) shall not sell or transfer each of the instant real estate to another person until the mother-friendly AC (Defendant) dies.

- In the event of sale of each of the instant real estate due to redevelopment or any other cause, the heir B and C must purchase the land and buildings in Daegu Metropolitan City or Gyeongsan Metropolitan City and have A reside therein with the amount equal to the sale price of each of the instant real estate.