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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) B: 1955;
9. 5. Marriage with C and caused D, Plaintiff, E, F, G, and H (Death on October 3, 1993) to be married with C.
B. D around June 27, 1998: (a) around 1983, while having been under medical treatment due to the outbreak of diveebrate, D married I who worked as a physical therapy; (b) died on August 3, 2010 with no child.
C. On August 20, 2004, J apartment Nos. 648 and 1504 (hereinafter “J apartment”), the registration of ownership transfer was completed in the name of B and C on August 20, 2004, and the sales contract was concluded with the Korea Land and Housing Corporation on January 18, 2006 with respect to K apartment Nos. 503 and 1201 (hereinafter “instant K apartment”) in the name of C. On August 13, 2007, C died on August 13, 2007, and the remaining inheritors agreed on the division of inherited property in the name of C.
After the death of D, disputes arising between I and his spouse, who is co-inheritors, relating to inherited property, between Suwon District Court, 2010 Mahap12, and the decision on the division of inherited property and the contributory portion was conducted. In relation to the K apartment of this case, I asserted that since D entered into a sales contract under the name of her mother, and the above C died, it is included in the subject of division of inherited property, as it is the property trusted in trust to B who is his father. B argued that all children, including D, have renounced inheritance, and that the remainder is not subject to division of inherited property with the property owned by himself due to the sale price of J apartment owned by himself, a bank loan, a lease deposit, etc.
E. In the judgment on the division of inherited property and the determination on the contributory portion, which took place on September 3, 2012, Suwon District Court: (i) the instant K apartment constitutes a contractual title trust with only the name of D, and (ii) the instant K apartment constitutes a contractual title trust with only the name of D.