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(영문) 서울중앙지방법원 2017.06.28 2015가단5010526
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

Reasons

1. Basic facts

A. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by the Plaintiff, the Defendants, and Nonparty F (hereinafter collectively referred to as “the instant heir”) by the mother of the mother of the Plaintiff, the Defendants, and the instant heir. The Deceased died on May 4, 2012.

B. On January 2013, the instant heir drafted an agreement on the division of inherited property, stating that “The instant real estate shall be solely owned by the Plaintiff or Nonparty F, but the instant real estate shall be solely owned by the Plaintiff or Nonparty F, on the condition that, at the time of occupancy on August 2013 after remodeling, the Plaintiff and Defendant E share of 1/3 of the respective profits related to the instant real estate and the remainder of 1/3 of the profits by Defendant B, C, D, and F are divided equally.”

(hereinafter referred to as “instant agreement on division of inherited property”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 4 (including each number), and the purport of the whole pleadings.

2. We examine the principal claim and judgment as well as the counterclaim.

A. Under the premise that both the parties’ assertion and the Defendants are valid the agreement on the division of the inherited property of this case, the Plaintiff is the principal lawsuit. The Defendants asserted that they are obligated to implement the procedure for the registration of ownership transfer of the instant real estate in accordance with the agreement on the division of inherited property of this case. 2) The Defendants asserted that they are liable to distribute the real estate-related profit of this case to the Defendants.

B. Article 104 subparag. 5 of the Civil Act provides that a person who forges, alters, destroys, or conceals a will concerning inheritance of the inheritee shall be disqualified for inheritance. Article 1001 of the same Act provides that where a lineal descendant who is disqualified for a lineal descendant who is to be an inheritor becomes a lineal descendant, the lineal descendant becomes an heir in lieu of the order of the disqualified person.

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