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(영문) 대법원 2018. 05. 15. 선고 2018다219451 판결
(심리불속행) ‘상속’을 원인으로 한 등기를 하였다는 이유만으로 상속재산분할협의를 하였다고 인정할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Na2052963 (2.01, 2018)

Title

(C) It may not be deemed that the agreement on the division of inherited property has been reached solely on the ground that the registration was made on the ground of the inheritance.

Summary

(In the original trial) It is not recognized that the agreement on the division of inherited property has been made in accordance with the registration, on the ground that the registration was completed on the ground of the inheritance, and there is no evidence to prove that the report on the division of inherited property has been filed.

Related statutes

Article 19 of Inheritance Tax and Gift Tax Act: Spouse Inheritance Deductions

Cases

Supreme Court Decision 2018Da219451 Decided Fraudulent Enrichment

Plaintiff

AA, BB

Defendant

Korea

Imposition of Judgment

May 15, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.

Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act

All of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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