(영문) 대전지방법원 천안지원 2018.01.17 2017가단107410

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2018.01.17 2017가단107410

상속금의 배분 약정금 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on February 2, 2014, and the heir is the E, F, Plaintiff, G, H, and I, who is his wife and children, and the Defendant is the F’s spouse.

B. On October 11, 2006, between J and the Defendant, the Defendant: (a) on October 11, 2006, the real estate sales contract was concluded between the J and the Defendant for purchasing the above land at KRW 500 million (hereinafter “instant land”); and (b) on November 2, 2006, the ownership transfer registration was completed in the Defendant’s name with respect to each of the above land on the following occasions: (c) on June 8, 2007, each of the above land was combined with the above K, M and NP land owned by the Defendant; and (d) on June 2, 2006, the ownership transfer registration was completed in the Defendant’s name.

Since then, on the ground of the instant land, each single-story factory (hereinafter “instant building”) was newly constructed on the ground of the instant land, and registration of preservation of ownership was completed in the name of the Defendant on May 9, 2007.

C. On October 13, 2013, the Deceased prepared an agreement with Defendant, D, G, H, and the part excluding the size of 2,797 square meters, which was owned by the Defendant prior to the annexation of the instant land (hereinafter “instant land”) to the effect that the Deceased’s ownership transfer is only made in the name of the Deceased’s ownership or the Defendant, and that the Deceased promised to pay the corresponding amount with respect to the portion (N before the annexation), which was originally owned by the Defendant at the time of the sale of the instant land, and that the Deceased’s use of the loan amounting to KRW 90 million and the lease deposit amounting to KRW 85 million.

On June 30, 2014, E, F, Plaintiff, G, H, and I, who are the deceased’s children, agreed to recognize the portion of the instant building corresponding to the ratio of N land owned by the Defendant before the merger as owned by the Defendant, as owned by F. After that, the deceased’s children, other than E, and the Defendant agreed to dispose of the instant land and buildings and divide them into money.

D, the wife of the deceased, is the case.

유사 판례

-서울중앙지방법원 2016.12.15 2015가합549811

-춘천지방법원강릉지원 2016.01.20 2015가단21680

-대구지방법원포항지원 2015.10.13 2014가합1268

-서울남부지방법원 2016.04.07 2015나57763

-의정부지방법원고양지원 2015.04.01 2013가단38421