logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.08.30 2018나31851
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of this court for the acceptance of the judgment of the first instance is as follows: (a) “Defendant H” in Part II of the judgment of the first instance is dismissed as “Defendant C (former name: M)”; and (b) the reasoning of the judgment of the first instance is as follows, except for the additional determination by the Defendants as to the assertion added by this court, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. Determination as to the defendants' main defense

A. The Defendants’ claim for damages against the Plaintiff’s principal safety defense is a claim for recovery of inheritance. The Plaintiff knew on January 21, 201 that the ownership transfer registration was made in the Defendant C’s sole name with respect to the instant real estate, which is inherited property, at the latest, at the latest, at the time of January 21, 201, and thus, the instant lawsuit filed for more than three years thereafter is unlawful

B. In a case where, on the premise that a person is a true heir with respect to the inheritance of property, claims the ownership of property, such as the ownership or the right of share arising from the inheritance, and the person who is so named heir or himself/herself claims the cancellation of registration of the ownership or other right of share on the inherited property or the return of other right of share against some co-inheritors who only inherited the property, the claim that the ownership or the right of share belongs to shall be interpreted as a lawsuit for the recovery of inheritance under Article 999 of the

Furthermore, the claim for recovery of inheritance is also filed on the premise that the inheritor acquired a share in the inherited portion, and the claim for the return of the price for the disposal of inherited property to the co-inheritors based on the share in the inheritance.

(See Supreme Court Decisions 80Meu20 delivered on September 28, 1982, 90Da5740 delivered on December 24, 1991, and 83Da12 delivered on August 24, 1993, etc.). In this case, the Plaintiff asserted that the Defendants infringed the Plaintiff’s inheritance right and disposed of the instant real estate without permission.

arrow