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(영문) 서울고등법원 2018.10.04 2018나2011860
양수금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On December 3, 1962, F, which owned 2250/2700 shares of forest land (hereinafter “instant real estate”), was killed on December 3, 1962. At the time, there was J and K, which was the first child G, H, and I’s children (F’s grandchildren), who died on July 25, 1950.

G was dead on April 12, 2001, and at the time of death, M, N,O, P, and Q were wife L and children.

H died on November 13, 1996, and there was R, S, T, U, V, and W, a child as the bereaved family at the time of the death.

Even after F’s death, F’s co-inheritors did not register inheritance of the instant real estate. At the time of February 28, 2006, 14 persons, including J, K, L, M, N,O, P, Q, Q, Q, R, T, T, T, U, V, and W, who inherited the instant real estate (hereinafter “instant co-inheritors”), agreed on the division of inherited property with the sole ownership of the instant real estate by J (hereinafter “instant agreement on the division of inherited property”).

The J completed the registration of ownership transfer on July 10, 2006 on the instant real estate due to inheritance due to an agreement division in the J future, and on June 11, 2014, sold the instant real estate to Daedae L&C Co., Ltd. in the purchase price of KRW 3,856,858,000 on June 11, 201, and completed the registration of ownership transfer in the future of the New Real Estate Trust Co., Ltd., a trust company, a company

The J died on September 2014, and Defendant B is the wife of J, Defendant C, and Justice.

Q, on August 11, 2010, prepared “a contract for transfer and acquisition of shares in inheritance” with the Plaintiff, stating that Q has the right to the shares in inheritance among the instant real estate under the name of J himself/herself for the performance of his/her duties, and Q transfers to the Plaintiff all rights related to Q Q’s inheritance shares in the instant real estate. On December 20, 201, the Plaintiff notified the J of the fact of transfer of shares in inheritance.

J deposit KRW 37,44,60 in Suwon District Court Decision 2010, June 29, 2012, the deposit of KRW 37,44,600 in Geumwon District Court Decision 2678, 201.

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