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(영문) 서울서부지방법원 2018.10.11 2018나31822
건물명도
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On March 24, 2012, the deceased I (hereinafter “the deceased”) who was the owner of the real estate listed in the separate sheet (hereinafter “instant land and building”) inherited the deceased’s property by Defendant H, Defendant B, Defendant C, and J (hereinafter “he co-inheritors”).

B. Prior to the deceased’s death, Defendant D, Defendant E, F, and G are residing in the instant building after the deceased’s death.

C. On June 26, 2012, co-inheritors drafted a written agreement on the division of inherited property (hereinafter “the first written agreement”) with the following content as follows. On January 1, 201, the inherited property: (a) the Seoul Mapo-gu Seoul Mapo-gu Ka-gu 159 square meters and the 13 square meters (hereinafter the instant land was merged into the said K on July 22, 2015) shall belong to the Plaintiff. Of inherited property, the Gyeonggi-do Nan-do 15868 square meters (hereinafter “Yju-si Forest”) out of inherited property shall belong to Defendant B. (c) On March 2, 201, the investment certificate of the Korea Forestry Cooperatives (hereinafter “Yju-si Forest”) shall belong to Defendant H. The remaining financial property not only belongs to the instant building on August 7, 201, but also to the inherited property on March 24, 2012, the Plaintiff completed the registration of transfer of ownership as well as the following agreement.

(The first written agreement and the date of preparation are the same, but the instant building is included in Paragraph (1), and paragraphs (3) and (4) are deleted). 1. Of inherited property, the Seoul Mapo-gu K-gu Seoul Metropolitan Government 159 square meters and the Seoul Mapo-gu 13 square meters and the housing on the site is owned by the plaintiff.

2. Forest land in case of selling the inherited property shall be owned by Defendant B; and

E. On September 25, 2012, the Plaintiff completed the registration of transfer of ownership under Defendant B’s name with Defendant B, which was based on inheritance by consultation and division with regard to forest land in the case of Pakistan at the registry office of Pakistan.

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