beta
(영문) 대전고등법원 2015.08.19 2014나11428

약정금

Text

1. The plaintiff's appeal and the plaintiff's selective claim added in the trial are all dismissed.

2.In addition, a new trial shall be added.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for adding the following judgments with regard to each claim added at the court of first instance, Nos. 8, 11, and each claim added at the court of first instance, and as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. As to the primary claim selected in the trial of the party

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is that the real estate in this case was inherited property, knowing that it was inherited property, and did not enter the real estate in the list at the time of the declaration of qualified acceptance, and that it constitutes an agreement or ratification recognizing the ownership of defendant I with respect to the real estate in this case. Since it is apparent that "if the inheritor, after the qualified acceptance, concealed or fraudulently consumed inherited property or did not enter it in the list of property" under subparagraph 3 of Article 1026 of the Civil Act, the defendants are jointly and severally liable to compensate for damages suffered by the plaintiff due to the infringement of claims arising from the wrongful disposal of inherited property. 2) The defendant E and I forged the sales contract, confirmation document, power of attorney, etc. in the name of the deceased with respect to the real estate in this case, and completed the registration of ownership transfer on November 11, 2005, as well as on November 7, 2004, the agreement between the deceased, the heir Eul, and the heir's statement and evidence No. 17.