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(영문) 의정부지방법원고양지원 2016.06.03 2016가합70348

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. According to the overall purport of the statements and arguments stated in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 through 4 (including paper numbers), the court below prepared a written contract for division with the purport that "H (hereinafter "the deceased") died on May 9, 199. The legal successor is the plaintiff A and his/her spouse, the remaining plaintiffs and defendants, and the defendant. ② The plaintiffs and the defendant prepared a written contract with the court on March 27, 2007, stating that "in the inheritance commenced after the death of the deceased, the joint legal successor shall reach an agreement on the division of inherited property owned by the defendant all the real estate, etc. listed in the separate sheet, which are inherited property," < Amended by Presidential Decree No. 203173, Apr. 2, 2007; Presidential Decree No. 203173, May 9, 2007; Presidential Decree No. 20074, Mar. 4, 2007>

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that the plaintiffs and the defendant agreed on the division of inherited property, each of the real estate listed in the separate sheet, which is inherited property, owned by the defendant, on the condition that "if the plaintiff's health becomes worse and the plaintiff's health becomes difficult to move, the defendant supports the plaintiff A at the end."

From around November 2011, the defendant supported the plaintiff A at the defendant's office from around that time, and notified the plaintiff A that he could no longer support the plaintiffs around November 2015, and then refused to support the plaintiff A.

Therefore, as the defendant violated the obligation to support the plaintiff A, which is the condition of the above agreement on division of inherited property, the above agreement on division of inherited property was legally cancelled by the delivery of the copy of the complaint of this case, so the defendant has to the plaintiffs as to each real estate listed in the separate sheet.