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(영문) 인천지방법원부천지원 2015.04.29 2014가단36223

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 10, 2010, the network D (hereinafter “the network”) purchased 1455 square meters (hereinafter “instant land”) prior to Chungcheongnamyang-gun, Chungcheongnamyang-gun, Chungcheongnamyang-gun, and paid KRW 17,881,00,00 for the purchase of real estate E-Real Estate (hereinafter “instant auction procedure”) around 10, 201, and completed the registration of ownership transfer on August 18, 2010.

B. After the deceased died on March 2014, the deceased was the co-defendant of the F in this case, who was the child of the deceased, and the conciliation was concluded between the Plaintiff on January 14, 2015;

Plaintiff

In addition, the Defendant jointly inherited the deceased’s property.

[F and the plaintiff are the siblings and siblings who are different between the defendant and the mother] / [which are the grounds for recognition] / Whether there is no dispute, Gap's evidence Nos. 1, 2, 6, 7, 8, 9 (which include a serial number; hereinafter the same shall apply), Eul's evidence Nos. 2 and 3, and the purport of the whole pleadings.

2. During the instant auction procedure, the Plaintiff purchased the instant land in the name of the deceased and entrusted the deceased with the title of the instant real estate, and supported the deceased until the deceased died. As a result, F subscribed to an accident insurance company in the name of the deceased, and F and the Plaintiff assumed both the hospital expenses and funeral expenses of the deceased, on the ground that the Defendant did not share the shares of the deceased, and the Plaintiff gave up the shares inherited from the deceased among the instant land and consented to the Plaintiff’s inheritance.

The plaintiff's assertion, the defendant is obligated to express his/her intent to renounce the inheritance share among the land of this case, the deceased's property inheritance or the inheritance share.

In addition, the Plaintiff, who is a co-inheritors, has a duty to either express his/her intent to consult and divide or consent to such consultation and division, by devolving the inheritance shares of the instant land.