(영문) 울산지방법원 2016.05.24 2015가단23979

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(영문) 울산지방법원 2016.05.24 2015가단23979

건물명도 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The deceased died on March 12, 2007. At the time, the wife was the Defendant, the former wife, D, E, and F as the inheritor, and the inherited property had real estate listed in the separate sheet (hereinafter “the instant building”) in which the deceased and the Defendant resided after completing the move-in report.

B. The Defendant, D, E, and F, the heir of the network C, agreed with respect to the division of inherited property as follows:

D waives inheritance.

E and F jointly inherit the instant building, and agree that the Defendant may continue to reside in the part 201 of the instant building until he/she dies. If the Defendant is hospitalized in a convalescent hospital or moves his/her residence due to unavoidable reasons, E and F shall pay KRW 25 million to the Defendant.

C. According to the above agreement on the division of inherited property, E and F completed the registration of ownership transfer on September 28, 2007 with respect to the building of this case due to their inheritance due to their agreement division. Around that time, lease contract on the part 201 of the building of this case was made between the defendant and the defendant.

In order to clarify the performance of the matters regarding the agreement on the division of inherited property, the Defendant, while continuing to reside in the part 201 of the instant building, re-written a lease agreement with E and F on April 12, 2013, stating that “E and F shall lease the part of subparagraph 201 of the instant building to the Defendant with the lease deposit amount of KRW 25 million and the lease term of KRW 25 million from April 12, 2013 to the Defendant from April 24, 2013. This agreement may not be sold or transferred, and shall be extinguished at the time of the Defendant’s death.”

E. On June 10, 2015, the Plaintiff entered into a contract with E and F to purchase the instant building at KRW 250 million, and completed the registration of ownership transfer on August 7, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, entry of Eul evidence of subparagraphs 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff of the parties asserted:

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