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(영문) 수원지방법원성남지원 2019.02.20 2018가단225295
재결보상금
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. On May 20, 201, the deceased’s legacy, etc. (1) each of the real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network B. On May 20, 201, B drafted a testamentary document (No. 35, 2011) that bequeathed the instant real estate to the Plaintiff (No. 35, 201).

(2) On August 29, 2017, the testamentary gift (hereinafter referred to as “instant testamentary gift”). (2) B died on August 29, 2017, there are G (3/28 of the shares in inheritance), H, I (2/28 of the shares in inheritance), who is the inheritor of the married F, with children D, the Plaintiff, E (each inheritance shares 7/28), and the inheritor of the married F. as a substitute heir.

B. (1) The Defendant obtained authorization to implement a housing redevelopment project under Article 28(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012); and on December 4, 2009, the Sungnam market announced the approval in the official gazette pursuant to Article 28(4) of the same Act. The instant real estate was incorporated into the land of the said project.

(2) On February 8, 2018, the Central Land Tribunal rendered a ruling to expropriate the instant real estate for the instant housing redevelopment project implemented by the Defendant, stating that “The date of commencement of expropriation shall be March 28, 2018.”

C. (1) On March 26, 2018, the Defendant deposited KRW 225,438,040 as Suwon District Court Branching the deposited person as “the deceased’s heir B’s heir” and deposited KRW 225,438,040 on the basis of the deposit of the adjudication compensation and the Plaintiff’s transfer of ownership.

(2) The Plaintiff’s employees K above.

(2) The Defendant presented and accepted the notarial deed of the will mentioned in paragraph (2). Accordingly, on April 18, 2018, filed an application with the Defendant for correction of the deposit certificate, which changed from “the deceased’s heir” to “the Plaintiff.”

(3) However, the Plaintiff of the deceased B’s donee on April 18, 2018 is a testamentary donee of a specific testamentary gift, and the registration for the transfer of ownership based on the testamentary gift is completed.

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