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(영문) 광주지방법원 2017.09.26 2016가단518371
건물명도
Text

1. The defendant (Counterclaim plaintiff) shall deliver to the plaintiff (Counterclaim defendant) the second real estate stated in the attached list.

2...

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on January 29, 2016, and three heirs, including the Plaintiff, the Defendant, and D, who are the deceased’s children.

B. Each of the instant real property is owned by the Deceased; the instant real property was inherited as of January 26, 2016 on the grounds of inheritance as of January 29, 2016; each of the instant real property was owned by the Deceased; the instant real property was subject to the redemption as of July 20, 2016; and the instant real property was subject to the registration of ownership transfer as of January 27, 2016 on the grounds of inheritance as of January 29, 2016, respectively.

C. On May 18, 2016, the Defendant and D were adjudicated to waive inheritance by the Gwangju Family Court (2016-Ma672), and thereafter, the Defendant was adjudicated to revoke the renunciation of inheritance by the Gwangju Family Court (2016-Ma30242) on December 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 through 4, 7, 8, and 11, and the purport of the whole pleadings

2. The judgment on the principal lawsuit and the cause of the counterclaim and the counterclaim shall also be deemed as the principal lawsuit and the counterclaim.

A. The plaintiff asserts that he, the only inheritor of the deceased, due to his renunciation of inheritance, has inherited the real estate No. 2 of this case and has owned it without permission. On the other hand, the defendant asserts that he had occupied it without permission. On the other hand, prior to the acceptance of the report on renunciation of inheritance, due to the snow theory, he received disaster support funds to be paid by the deceased due to the damage of the plastic houses on the ground of the real estate No. 4, 5, 11 of this case owned by the deceased and consumed them as living expenses, and therefore, the defendant's renunciation of inheritance is deemed to have no validity, and even if it is not considered to have been simply approved, it shall not have the effect of waiver of inheritance due to the plaintiff's deception, the defendant's mistake or non-authorized representative's submission of the report on renunciation of inheritance, etc.

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