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(영문) 인천지방법원부천지원 2015.10.16 2014가합6267
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 194, the status quo C (the death of February 28, 2004, hereinafter “C”) and net D (the death of May 20, 201, hereinafter “D”) of the parties were married to the Plaintiff, Defendant, E, F, G, and H as their children.

B. On May 6, 2009, the letter of agreement on the division of inherited property of this case (Evidence A No. 4) was prepared in the name of the Plaintiff, Defendant, D, E, F, G, and H (hereinafter “instant co-inheritors”) as co-inheritors, and the content thereof is as follows.

With respect to the inheritance commenced due to the death of February 28, 2004 by the decedent C, the co-inheritors shall consult on the division of the inherited property as follows:

1. Terms and conditions of consultation on division of inherited property;

(a) 73,190 square meters of I forest land in female-gun;

(b) 19,339 square meters in J-gun of Female-gun;

(c) 4,064 square meters in East-gun: K 4,064 square meters;

D. The real estate listed in paragraph (1) of the attached Table No. 2, 3, 4, 9, and 10 square meters as of the present date, the real estate listed in paragraph (1) of the attached Table No. 2, 3, 4, 9, and 10 square meters as of the present date, the real estate listed in paragraph (1) of the attached Table No. 1 of the J Forest, and the real estate listed in paragraphs 5, 6, and 8 of the attached Table No. 19,339 square meters as of J Forest, and the real estate listed in paragraph (7) of the attached Table No. 4,064

The above real estate shall be owned by the defendant (13/15) and H (2/15) from among co-inheritors.

C. On May 12, 2009, the Defendant and H completed the registration of ownership transfer (No. 15505 of the receipt on May 12, 2009 of the judgment below), among real estate listed in the attached list No. 1 through 10 (hereinafter “instant real estate”), which was owned by C based on the instant agreement, as to shares in 13/15, and shares in 2/15, as to shares in 2/15 (hereinafter “the instant real estate”).

The Republic of Korea (Minister of Land, Infrastructure and Transport) to expropriate real estate listed in attached Tables 8 through 10 of the Republic of Korea’s Schedule shall respectively be real estate listed in attached Tables 9 and 10 on May 2, 2013, and real estate listed in attached Tables 8 and 8 on November 19, 2013.

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