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(영문) 인천지방법원 2019.12.24 2018나7429
건물명도등
Text

1. Of the monetary payment portion in the judgment of the court of first instance, the part against the defendant exceeding the part ordering payment following it.

Reasons

1. Facts of recognition;

A. 1) The deceased H and the deceased, who are the deceased, have married and left their children under the chain. The deceased died in around 2007, and the deceased died on August 31, 2014. 2) At the time of the deceased C’s death, the real estate among the positive property of inheritance was a building and each land indicated in attached Table 1 through 4.

B. On November 24, 2014, the Plaintiff completed the registration of ownership transfer with respect to each of the above shares in the land listed in attached Form 1 through (4) as follows, on November 27, 2014, on the ground that: (a) the Plaintiff, among the buildings and each land listed in the attached Table Nos. 1 through (4), as the right to claim for partition of inherited property as the right to be preserved; and (b) the Plaintiff, on November 24, 2014, on November 24, 2014, on the land listed in the attached Table No. 2014 business group1074, Ansan District Court Decision 2014Mo1073, Nov. 27, 2014; and (c) on November 2014, 2014, the Plaintiff completed the registration of ownership transfer with respect to each of the above shares in the name of the Defendant’s land No. 3145, Nov. 24, 2014.

On January 27, 2015, with respect to each one-half share in the name of the defendant, the entry of the decision prohibiting the provisional disposal of each of the above real estate was completed on January 27, 2015.

3. The plaintiff refers to all acquisition tax, special tax for rural development, and local education tax as follows with respect to 1/2 of each of the buildings and 1/2 shares in the name of the defendant among the buildings and each of the lands listed in attached Table 1 through 4 in the process of registration of subrogation by inheritance.

A total of KRW 5,729,090, and the total of KRW 128,670,000,000 were paid in lieu of KRW 5,857,760, and the above acquisition tax and payment statement were made in the name of the defendant.

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