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(영문) 수원지방법원안양지원 2017.11.10 2016가합104192
분재금청구의소
Text

1. The plaintiffs' primary claim part is dismissed.

2. The defendant shall grant the plaintiff A KRW 692,705,142, and the plaintiff C.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of the network E and network F.

The deceased on September 25, 1962, and the deceased on January 14, 1992.

B. On December 23, 1968, the Defendant completed the registration of ownership transfer on the real estate owned by the network E including each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on September 25, 1958, each of the real estate owned by the deceased E, including each real estate listed in the separate sheet (hereinafter “instant real estate”).

C. The Korea Land and Housing Corporation accepted each of the instant real estate around November 2015 and January 2016.

From October 8, 2015 to January 20, 2016, the Defendant received from the Korea Land and Housing Corporation KRW 3,900,490,000 for the instant Claim 1 as compensation for expropriation, and KRW 975,520,00 for the instant Claim 2, and KRW 289,214,50 for the instant Claim 3’s real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (if there are additional numbers, including each number; hereinafter the same shall apply), the inquiry results on the Korea Land and Housing Corporation of this court, the purport of the whole pleadings

2. Determination as to the legitimacy of the main claim

A. The plaintiffs' assertion that the deceased on September 25, 1962, the deceased on September 25, 1962 after the enforcement of the Civil Code, and the deceased on the deceased on the part of the deceased on the deceased on the part of the deceased on the part of the deceased on the part of the deceased, the plaintiffs and the defendant jointly inherited the inherited property, but the deceased on September 25, 1958, the deceased on the part of the deceased on the part of the deceased on September

Since the registration of transfer of ownership corresponding to the shares of the plaintiffs is null and void, the amount equivalent to the shares of the plaintiffs out of the compensation paid by the defendant due to the expropriation of each real estate of this case shall be returned to the plaintiffs

Therefore, the defendant's total amount of compensation for each real estate of this case 5,165,224,50 won is part of the plaintiffs' share in inheritance, and 770.

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