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(영문) 서울북부지방법원 2015.11.26 2013가합22946
상속재산분할청구
Text

1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 25,250,00, and KRW 35,056,131, respectively, to Plaintiff (Counterclaim Defendant) B and C.

Reasons

1. Basic facts

A. The network K died on September 21, 2010, while the network L was deceased on July 23, 2011.

B. The network L and the network K are married couple, and the network M, N,O, Plaintiff A, B, C, and the Defendant are the children of the network L and the network K, and the network M and the network N died before the network L and the network K die.

Plaintiff

D, E, F, H, and I inherited the network M as a child of the network M, and P inherited the network N as a child of the network N.

C. After that, the plaintiffs, the defendant, theO, P, the deceased K, and the deceased L's successors agreed on the division of inherited property with respect to the deceased K and the deceased L's inherited property, and the defendant, according to the agreement on the division of inherited property, instead of solely succeeding to each real estate listed in the separate sheet (hereinafter "the instant real estate"), prepared a letter at which the remaining successors would settle the following (hereinafter "each of the instant letters") with regard to the division of inherited property:

1) P and Defendant = 28,000,000 won each = 56,00,000 won = 2) 45,000,000 won each of 320,000,000 won of the real estate of this case (O, Defendant, and P) (O), as the real estate of this case, “45,00,000 x 3 person x 45,000 won x 4) deposit amounting to 56,00,000 won as the deposit amount, and 135,00,000,000,000 won as the real estate of this case as the sum of KRW 191,29,000,000 as the aggregate amount of KRW 320,000,000,000,000 as the total amount of the real estate of this case, 20,000 won prior to May 20, 2005.

D. The registration of ownership transfer was completed in the name of the deceased L with respect to the land (the real estate indicated in paragraph (1) of the attached list) among the instant real estate. However, the Defendant completed the registration of ownership transfer due to the inheritance by the agreement division on February 7, 2012.

E. The portion of the inheritance of Plaintiff A, B, C, Defendant C,O, and P is 1/7, respectively, and the portion of the inheritance of Plaintiff D, E, F, H, and I is 1/35, respectively.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 3, 9, 10, 11, and the purport of the whole pleadings

2. Determination on the main claim

A. Each letter of this case

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