(영문) 인천지방법원 부천지원 2018.10.31 2018가단1010

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(영문) 인천지방법원 부천지원 2018.10.31 2018가단1010

약정금

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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. The deceased on October 23, 1993, and succeeded to the deceased, the deceased, D, E, F, and the Plaintiff, his children, and the deceased on June 20, 1997 and succeeded to G, H, and I’s network D.

B. The Plaintiff, Defendant, E, and F, each of whom was transferred 3/15 shares in the name of the Plaintiff, Defendant, and 1/15 shares in the name of G, H, and I, respectively, and one-third/15 shares in the name of G, H, and I, respectively, on January 28, 1999, with respect to the size of 2036 square meters in the name of G, L, 317 square meters in the name of L, M, 813 square meters in M, 467 square meters in the name of L, N, 467 square meters in the name of L, andO 2383 square meters (hereinafter “each of the instant real estate”).

C. Of each real estate of this case, the registration of transfer of shares in the name of the defendant was made on September 3, 199 by the same registry office No. 44236 on August 26, 1999 with respect to E shares, and the registration of transfer of shares in the name of the defendant was made on the ground of donation on August 26, 199. The remaining portion of each real estate of this case except the above N land was registered with respect to G, H, I, F, and each portion owned by the plaintiff as of April 4, 200 by the receipt of April 13746 of the same registry office on January 17, 200.

(F) On March 15, 200, the registration of ownership transfer was made in the name of a third party in the name of a third party on the ground of sale and purchase on the above N land (applicable to recognition): 【The fact that there is no dispute, Gap 1, 2, and 7 evidence, and the purport of the entire pleadings】

2. The gist of the party's assertion is that the plaintiff is the cause of the claim in this case. If the defendant owned each real estate in this case as co-ownership, the land does not sell and divide the real estate in this case under the name of the defendant, and the transfer registration as to the plaintiff's share was completed under the name of the defendant, but the defendant did not dispose of and dispose of the inherited property. Thus, the defendant asserts that the defendant's claim against the defendant for part of KRW 20,000,000,000,000,000, which was paid at KRW 120,000,000,000,

3. The following circumstances recognized as a whole to the statements in the evidence Nos. 1, 2, and 22 as a whole of the arguments:

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