beta
(영문) 춘천지방법원 2018.05.02 2016나54425

소유권말소등기

Text

1. The plaintiff's appeal is dismissed.

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

3. The defendant's succession to the lawsuit is followed.

Reasons

1. Basic facts

A. Inheritance 1) The Plaintiff and the Defendant are G (hereinafter “the deceased”).

Defendant B (hereinafter “B”) of the first instance court is the child of the two children.

(2) The Deceased died on February 2, 2012, and the Plaintiff and the Defendant respectively become the deceased’s spouse.

3) B died on October 6, 2017 during the trial, and the Defendant, a child, took over the lawsuit as the sole heir B. B. On February 14, 2007, the Plaintiff: (a) received KRW 50,000,000 from the Deceased and B, and the Plaintiff received KRW 50,000,000 from the deceased and B; and (b) received KRW 50,00,000,000 on the same day.

2) After the death of the deceased, each real estate listed in the separate sheet No. 1 through No. 3 in the name of the plaintiff, the defendant, and the defendant B is owned by B, and each real estate No. 4 through No. 15 is owned by the defendant (hereinafter “instant agreement”).

(3) The letter of agreement in this case was signed as of September 26, 2013 and the Plaintiff’s seal imprints the Plaintiff’s seal imprint. Also, the letter of delegation made as of September 27, 2013 (hereinafter “the letter of delegation in this case”) stated that delegation of inheritance disposal, payment or termination of deposit shall be made to the Plaintiff’s agent, and this is accompanied by the Plaintiff’s seal imprint affixed to the Plaintiff’s seal imprint and the Plaintiff’s seal imprint is affixed thereto.

4) The agreement in the name of the Plaintiff signed as of September 27, 2013 (hereinafter “instant agreement”) is deemed as the agreement in the name of the Plaintiff.

As a result of the death of the deceased, the co-inheritors, etc. shall ensure that all the obligees are not entitled to inheritance, and there is no increase or decrease in the right holder. Whether the shares of each co-inheritors are divided or not shall be resolved autonomously as an internal problem among co-inheritors.