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(영문) 서울북부지방법원 2018.07.11 2018나31789
상속회복청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) owned the housing of 130 square meters in Busan Shipping Daegu D, of 130 square meters on its ground, the housing of 130 square meters in the lub roof in the lub roof, the housing of 2,479 square meters in the lux City in Masung-si, and the housing of 1,649 square meters in G forest and fields (hereinafter “the instant inherited property”).

B. On November 5, 2012, the Deceased died, and his heir is the Plaintiff, Defendant, I, and J, who are his spouse H and children.

C. On the other hand, after the death of the deceased, the Plaintiff delivered a seal imprint certificate to the Defendant, and the instant inherited property was transferred in the name of the Defendant solely on March 15, 2013 due to the inheritance due to the agreement division between the Plaintiff and all inheritors, including the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff acquired the inherited property of this case solely by forging a written agreement on division of inherited property without the agreement on division of inherited property between the plaintiff and the defendant. Among the inherited property of this case, the plaintiff argued that 10,000,000 won within the limit of 2/11, which is the plaintiff's shares in inheritance, should be paid for the inherited property of this case, but there is no evidence to prove that the plaintiff's claim of this case

(1) In light of the above facts of recognition, it is reasonable to view that there was an agreement between the deceased and the inheritor, including the plaintiff and the defendant, on the sole ownership of the inherited property of this case after the deceased's death.

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