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(영문) 서울고등법원 2016.11.22 2016나2033880
상속회복청구의소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. E (FF students, death on October 20, 205) and G (H students, and death on November 20, 2014) were married couple, and there was Plaintiff C, the male and female of the Defendant, A, the male and female of the Plaintiff B, and C, the male and female of the Plaintiff, the male and female of whom were their children, under the chain.

B. At the time of the death of October 20, 2005, E had real estate listed in the separate sheet (hereinafter “instant real estate”) with the inherited property as of October 20, 2005, and on January 26, 2006, the registration of ownership transfer was completed in the future with the Defendant and G due to the inheritance due to the division as of October 20, 2005 (the agreement on the division of inherited property was drafted as of January 24, 2006, and the consultation was hereinafter “instant agreement on the division of inherited property”).

C. G died on November 20, 2014, and on March 18, 2015, each of the shares of G 1/4 out of the shares of G 1/2 out of the instant real estate was terminated on November 20, 2014 by inheritance as of November 20, 2014.

[Ground of recognition] Facts without dispute, Gap 1-17, Eul 1-10 (including branch numbers for those with additional numbers; hereinafter the same shall apply), part of the testimony and the purport of the whole pleadings by the J of the first instance court

2. Judgment as to the main claim of Plaintiff B

A. The plaintiff B asserted that the agreement on the division of the inherited property of this case regarding the real estate of this case was made without excluding the plaintiff B, and that the agreement on the division of the inherited property of this case is null and void. The plaintiff B, as an act of preserving the jointly owned property, seek against the defendant the implementation of the procedure for the registration of the transfer of ownership

B. Defendant’s assertion 1 as to the defense prior to the merits of this case constitutes a lawsuit for recovery of inheritance under Article 999 of the Civil Code, and the Plaintiffs were aware of the infringement at the time of preparation of the written agreement for division of inherited property prepared as of January 24, 2006. As such, the Plaintiffs asserted to the effect that this part of the lawsuit brought up with the lapse of three years from that date is unlawful as the Do of the exclusion period. 2) The relevant legal principle is against the division by agreement by one co-inheritors.

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