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(영문) 서울중앙지방법원 2017.04.20 2016가합557635
상속재산반환청구권 부존재 확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and the deceased E (Death on February 27, 2014) are F Co-inheritors who died on July 14, 1995.

B. The share of 400/704 square meters in Kimpo-si D, Kimpo-si (hereinafter “instant land”) and the building on its ground (hereinafter “instant building”) were registered in his name at the time of the death of the netF.

(hereinafter referred to as “instant real estate” in total).

Plaintiff

A shall complete the registration of ownership transfer based on inheritance by consultation and division on January 11, 1999 with respect to all 400 shares in the instant land and one half shares in the instant building, while Plaintiff B completed the registration of ownership transfer based on inheritance by agreement and division on January 11, 1999.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. On January 1, 1999, the plaintiffs' alleged deceased F's coinheritors registered inheritance on the part of 400 shares of the land of this case, which is the deceased F's inherited property, and the building of this case. The shares of the above land were acquired by the plaintiff A, and the ownership of the above building was an inherited property division agreement to acquire one half each of the plaintiffs (hereinafter "the agreement on the division of inherited property of this case"). The plaintiffs registered inheritance on the 11th of the same month.

On December 11, 2015, the Defendant filed an application for the division of inherited property with the Seoul Family Court for the purport that “The Defendant’s seal imprint affixed on the agreement division of inherited property of this case, which is affixed to the Defendant’s seal affixed by the Defendant, shall not be recognized as valid since it concealed the use of the network E, and therefore, the Plaintiffs shall transfer one-third of the shares to the Defendant regarding the deceased F’s inherited property.”

The above application was converted to a trial on the division of inherited property (Seoul Family Court 2016 Rahap117), and the above court decided to set the following examination date for civil action related to the validity of the division at the first examination date.

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