(영문) 의정부지방법원 2016.06.03 2014가합8520

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(영문) 의정부지방법원 2016.06.03 2014가합8520

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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. C died on June 5, 198, and his heir was the defendant, the plaintiff, the plaintiff, the plaintiff, the plaintiff, the plaintiff, the plaintiff, and the defendant E (hereinafter "the co-inheritors of this case"). At the time of death, at the time of death, the decedent C's active property was the real estate in attached Table 2.

B. On July 26, 1990, the co-inheritors of this case agreed on the division of inherited property (hereinafter “instant division agreement”) as follows.

Written Consultation

1. Among inheritance of property, real estate listed in attached Tables 1, 2 and 3 shall be owned by the defendant;

2. It shall be owned D with respect to the real estate listed in Forms 4, 5, 6, 7 and 8 of Schedule II in the inheritance of property;

3. Among inheritance of property, 300,000 won shall be owned respectively by the plaintiff among them, and 300,000 won shall be owned by E among them.

C. According to the instant partition agreement, the Defendant completed the registration of ownership transfer on each of the real estate listed in [Attachment 1] Nos. 1, 2, and 3 of [Attachment 2] on March 11, 191 (each of the above real estate was divided into the real estate listed in Attached Table 1, August 20, 2014; hereinafter “instant real estate No. 1”).

Since part of the real estate No. 1 of the instant case was incorporated into the F Highway site of the Korea Highway Corporation in around 2014, D requested that the Defendant, residing in the United States, delegate his/her authority to consult with respect to land compensation to D himself/herself, and on August 4, 2014, the Defendant prepared a power of attorney to grant D the right to dispose of the instant real estate No. 1 in consultation and the right to receive compensation, etc., and sent it to D.

E. On August 18, 2014, the Republic of Korea acquired the real estate in attached Tables 2, 4, 6, and 9 from the Defendant’s agent D through consultation (hereinafter “instant acquisition”) from the Defendant’s agent, and the same year.

8. 20. 20. Each registration of ownership transfer was made on the ground of a consultation on public land.

E. D, on September 3, 2014, received KRW 750,655,30 of the compensation for the acquisition of the instant agreement, and thereafter, to the Defendant.

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