(영문) 수원지방법원성남지원 2017.10.18 2016가단218699

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(영문) 수원지방법원성남지원 2017.10.18 2016가단218699

소유권이전등기 말소등기 청구의 소

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1. The defendant shall support the plaintiffs with Suwon District Court as to their shares of 1/4 of the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant are children of the network E (hereinafter “the deceased”) and they are siblings.

B. The registration of ownership transfer in the name of the Defendant was completed on July 10, 200 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the Deceased (hereinafter “the instant real estate”), which was received on July 10, 200 by Sungwon District Court Branch, as the receipt of No. 70758 on July 10, 200.

C. After the Deceased died on December 17, 2004, around June 22, 2007, the Plaintiff A, B, and the Defendant drafted an inherited property agreement with the following contents at the Defendant’s home. The Defendant signed the agreement in writing, and the Plaintiff C delegated the Plaintiff A with the preparation of documents regarding the agreement on inherited property, etc., and the Plaintiff A affixed the Plaintiff’s seal on the said inherited property agreement.

As to the instant real property, a inherited property, stolen the deceased’s seal imprint, without the consent of the deceased and his heir, and completed the registration of prior donation without the consent of the deceased and his heir, and the heir was recognized in front of his relative with the deceased’s heir at KRW 2,00,000 in cash.

Therefore, the inheritors, among the inheritors who sell inherited property and agreed to sell 1/3 of the proceeds of sale to Plaintiff C, but have not been implemented until now, so as to prevent the occurrence of disexplosion between siblings, they agree to re- inherited property as follows. (A) From the proceeds of sale of inherited property, 2/3 of the proceeds of sale of inherited property should be borne by the Defendant. (B) Of the proceeds of sale of inherited property, 1/3 of the proceeds of sale of inherited

C) Notwithstanding the content of Plaintiff A, B, and C, the content of Plaintiff A, B, and C, notwithstanding the following: (a) the heir sold the inherited property on July 30, 2008 and paid the proceeds from the sale to Plaintiff C by the heir on July 30, 2008 (if the heir did not perform the sale on July 30, 2008), Plaintiff A, B’s renunciation of inheritance is withdrawn, (b), (c), and (d).

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