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(영문) 서울고등법원 2010. 11. 10. 선고 2010누12219 판결
상속개시전 소유권 이전된 부동산이 피상속인의 부동산인지 여부[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2008Guhap41397 (2010.04.07)

Case Number of the previous trial

Seocho 208west 1789 ( October 11, 2008)

Title

Whether the immovables transferred prior to the commencement of inheritance are immovables of the inheritee.

Summary

Although the property in the name of the deceased was transferred through a lawsuit before the commencement of the inheritance, it can not be viewed as inherited property because it is a fraudulent real property.

The decision

The contents of the decision shall be the same as attached.

Text

1. All appeals by the Defendant are dismissed.

2. The costs of appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of claim

Each disposition of imposition of KRW 1,213,318,00 against the plaintiff on March 2, 2008 by the defendant shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and all plaintiffs' claims are dismissed.

Reasons

1. Quotation of judgments of the first instance;

The reasoning for the court's explanation on this case is the same as the part of the judgment of the court of first instance, and thus, it is citing it in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Consultations

Therefore, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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