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(영문) 서울중앙지방법원 2016.05.19 2015가단5062527
상속회복청구의소
Text

1. The plaintiff B's primary claim and the plaintiffs' preliminary claim are all dismissed.

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

Reasons

1. Basic facts

A. E (F students, death on October 20, 205) and G (H students, and death on November 20, 2014) were married couple, and the Defendant and the Plaintiffs left four other children under the chain.

B. At the time of the death of October 20, 205, E had real estate listed in the separate sheet as inherited property at the time of the death of October 20, 2005, and the registration of transfer of ownership of 1/2 shares in each of the Defendant and G in the future was completed on January 26, 2006 due to the inheritance by division as of October 20, 2005 (for the agreement on division of inherited property, as of January 24, 2006, evidence No. 4) due to the inheritance (for the agreement on division of inherited property, as of January 20, 2006, the registration of transfer of ownership of 1/2 shares in G was completed on November 20, 2014 as of the death of G on November 20, 2014, on March 18, 2015.

C. Meanwhile, G completed the registration of ownership transfer for G on the ground of sale and purchase as of September 7, 2005 with respect to I apartment 203 dong 1201 in Gwangju City, G, as of September 7, 2005, was a director of the above apartment from the real estate listed in the attached list around that time. As to the above apartment, the registration of ownership transfer for each 1/4 share was completed on March 19, 2015 for inheritance as of November 20, 2014.

G and the defendant managed the lease relationship, etc. with respect to the real estate stated in the attached list, while paying taxes and expenses, such as property tax, and used the remainder as the living expenses of G.

[Ground of Recognition] There is no dispute, Gap evidence 1 to 17, Eul evidence 1 to 10 (including paper numbers), and the purport of the whole testimony and pleading by the witness J

2. The judgment on the plaintiff B's primary claim is the primary claim, and the agreement on the division of the inherited property as of January 24, 2006 as to the real estate listed in the separate sheet is null and void, without excluding the plaintiff B. The plaintiff B seeks to implement the procedure for the registration of ownership transfer for the restoration of the authentic title of each 1/8 share as to the preservation act of the jointly-owned property.

Therefore, it is about E's inherited property.

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