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(영문) 전주지방법원 2017.09.06 2016가단13545

소유권이전등기

Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. The plaintiff's claim against the defendant B and C is dismissed.

3...

Reasons

1. Facts of recognition;

A. The deceased E held the title trust of the Plaintiff, a South-Nam-nam, of the size of 400 square meters and its ground buildings and the total G 208 square meters (hereinafter “instant 1 real estate”). The Defendant B, a South-Nam-nam, of the instant 2 real estate, held the title trust of the instant 3 real estate to the Defendant C, a third-nam real estate of the instant case.

B. On November 17, 2000, Defendant C trusted the instant real estate title to Defendant D.

C. The deceased died on February 15, 2007, and the Plaintiff, B, Defendant C, I, I, and J jointly inherited the deceased’s property. On February 19, 2007, the deceased’s co-inheritors received the Plaintiff’s rent from the lessee of the first real estate shop in this case. The Plaintiff owned 2/6 of the Plaintiff’s 1, 2, and 3 real estate (hereinafter “instant K real estate”), and Defendant B, Defendant C, I, and J (hereinafter “Defendant B, etc.”) owned 1/6 of each of the instant K-dong real estate. The remainder of the deceased’s property was inherited by the deceased H and agreed upon the division of inherited property.

The deceased H died on September 22, 2013, and around September 26, 2013, the Plaintiff, Defendant B, etc., as his child, sold KRW 140,000,000 to Defendant B, etc. each of the instant Kdong real estate, and the Plaintiff sold 496m2 (hereinafter “instant L real estate”) in Nam-si, Namwon-si, which was held in title by the network E to the Plaintiff, and distributed to Defendant B, etc. one fifth of each of the remaining amounts after deducting expenses, such as capital gains tax, etc., from the purchase price (hereinafter “instant agreement”).

E. After selling the instant L real estate in KRW 93 million, the Plaintiff spent KRW 19,318,260 in total, including KRW 12,909,800, local income tax, KRW 1,290,980, and KRW 3,400,000,000.

F. The Plaintiff paid KRW 80 million to Defendant B, Defendant C, and I, respectively, and paid KRW 90 million to J.

[Reasons for Recognition]