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(영문) 대전지방법원 2017.03.09 2015가단224589
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was punished by E, who died on February 25, 2015 (hereinafter “the deceased”), and Defendant B’s wife, and the rest of the Defendants are the deceased’s children.

B. The Plaintiff completed the registration of transfer of ownership on January 19, 1988 with respect to the Flux 1567 square meters in Sejong Special Self-Governing City (hereinafter “F land”) on the ground of sale as of December 29, 1987, and completed the registration of transfer of ownership on April 17, 1990 with respect to the said Glux 1878 square meters (hereinafter “G land”) on the ground of sale as of March 15, 1990, and completed the registration of transfer of ownership on the said H 2278 square meters (hereinafter “H land”) on the ground of sale as of December 29, 1987.

(hereinafter referred to as “each of the instant real estates” by aggregating the said three parcels of land.

On March 31, 1994, the Plaintiff completed the establishment registration of a mortgage consisting of the deceased and the maximum debt amount of KRW 120 million to I with respect to each real estate of this case, and thereafter, on March 19, 2005, I transferred to J all the above collateral security to J under a contract for the transfer of the right to collateral security regarding each real estate of this case.

F land was sold to Korea on January 3, 2006, G on February 8, 2006, and H land sold to each third party on December 23, 2005, respectively, from the proceeds of sale, the amount of KRW 120 million was distributed to J, the mortgagee as the right to collateral security.

E. L (the refer of the Plaintiff and the Deceased) and the Deceased died in total by M on February 25, 2015, and thereafter, the agreement on the division of inherited property between the Plaintiff, N and the Defendants on July 24, 2015 (hereinafter “instant division agreement”).

F. On December 11, 2015, the Defendants filed a report on the inheritance limited acceptance of the deceased’s property inheritance as the Daejeon Family Court Decision 2015Ra1955, and the said court accepted the report on February 29, 2016.

[Ground of Recognition] Unsatisfy, Witness N's testimony, Gap 1-2.

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