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(영문) 수원지방법원 2017.09.12 2016가단531641
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. At the time of the death of November 8, 1990, the network E owned ① F 2,80 square meters in the wife population F. 2, G 347 square meters, ③ H 919 square meters in G 347 square meters, ④ H 919 square meters in G 1,250 square meters, ④ 502 square meters in G 502 square meters in advance, ⑤ D 4,083 square meters in D 4,083 square meters in 7, 853 before K 853, 82, 1/3 shares in L B 2,212, 90 square meters in M 6,545 square meters in forest, and 44,31 square meters in N 4,331 square meters in forest.

B. At the time, as the heir of the network E was a substitute heir of the HeO, children P, Q, R, S, T, U, V, W, X,Y, Z and the deceased, and there was AB, AC, AC, andD, whose wife was the defendant, children, and AD.

C. On November 8, 1990, the heir of the network E divided the above land into T, (2), (3) the above land into P, (4), (5), (6) the above land into P, (7), (8), (9) the above land into AB, (0) the above land was divided into T, P, R, and AB, and (3) the rest of the heir agreed to waive the inheritance. On December 30, 1993, the registration of ownership was completed on the ground of the above agreement on division of inherited property.

(hereinafter referred to as “instant successors,” the successors who inherited each of the above real estate D.

From among the instant inheritors, on February 16, 2001, T (hereinafter “the deceased”) died, and Plaintiff B and the wife jointly succeeded to the deceased’s inherited property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) When the instant heir received a notice of the second inheritance tax from the competent tax office around March 1997, the heir sold the F 2,800 square meters inherited by the deceased on or around March 1997, and paid inheritance tax as part of the purchase price, and the remainder is given to the Defendant and used the Defendant’s factory. However, in the event that the Defendant sold the 4,083 square meters inherited, the purchase price equivalent to the 2,800 square meters among them shall be paid to the deceased.

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