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(영문) 서울남부지방법원 2017.06.02 2016가단242482
손해배상 등 청구의 소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are co-inheritors who inherited each of the property of 1/2 of the co-inheritors who died on December 9, 2015.

B. As to the real estate listed in the separate sheet on October 29, 1997 (hereinafter “instant real estate”)

9.25. Completion of the registration of ownership transfer by reason of sale.

[Ground for Recognition: Facts without dispute, described in Gap evidence 1-1, 2, and 3]

2. The assertion and judgment

A. On November 25, 199, the net C, which caused the Plaintiff’s primary claim, owns the Suwon-si D site and the ground building (hereinafter “water-source real estate”)

The above sale price was deposited into its own agricultural bank account, and it was purchased with the funds for the purpose of residing the real estate of this case.

At the time, the plaintiff, the defendant and C agreed to sell real estate and divide half of the proceeds by selling real estate if C dies later after purchasing the real estate in the name of the defendant.

After the death of C, the Plaintiff requested the Defendant to sell the instant real estate, but did not comply with it.

Therefore, the market price of the real estate in this case is 25,00,000 won, 112,500,000 won and damages for delay shall be claimed.

B. The real estate of this case, which is the plaintiff's preliminary claim, is acquired with the funds of C, and there is no other property of C.

The Defendant received the instant real estate from C independently, and accordingly, the Plaintiff became unable to inherit any property.

As such, since the plaintiff's legal reserve of inheritance was infringed, it is necessary to return to the defendant as a legal reserve of inheritance equivalent to 1/4 shares of the real estate of this case, so the defendant is obligated to implement the procedure for ownership transfer registration for the above

C. The Plaintiff’s primary claim and ancillary claim are premised on the premise that the instant real estate registered under the name of the Defendant is the real property acquired with C’s funds.

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