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(영문) 대전지방법원 2016.06.09 2015나106774
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The network E died on January 1, 2006, and the plaintiff, defendant, D, G, H, and I inherited their property.

Before birth, the deceased owned 1/3 shares of JJ 232.9 square meters, K 198.9 square meters, L workers 198.9 square meters, M workers 198.9 square meters, N workers 198.9 square meters, O workers 253.7 square meters, and P workers 190.7 square meters, respectively.

On February 1, 2007, the heir of the deceased prepared a written agreement with respect to inherited property at the defendant's house on the following contents:

[1] B (758, 759, 782) ① 3, Q (760, 761) ③ 762 (762) ④ 763, February 1, 2007, as agreed upon by any legal method after this hour in the implementation of the inheritance agreement, first, second, A, third, D, fourth, G, Fifth, H, and 5 (Representative) of the deceased with respect to each of the above lands (760, 762). The deceased’s 1/3 shares transferred to the Defendant on July 28, 2007 to the Plaintiff 207/135,538, 305, 305, 34135/305, 305, 305/315, 305/4135/130 of the shares of the deceased on each of the above lands.

On August 27, 2007, the Plaintiff sold the Plaintiff’s share in each of the above land to F, his wife, and the Daejeon District Court of Daejeon District Court completed the registration of transfer of ownership in the name of F on October 12, 2007 under the receipt of No. 39402 on October 12, 2007.

Co-owners of each of the above lands, including the deceased’s inheritors, entered into a co-owned property partition contract on November 14, 2007, and the PJ 190.7 square meters in Chungcheongnam-si, Chungcheongnam-do, and the JJ 431.8 square meters in Chungcheongnam-si, Chungcheongnam-do, the co-owners of each of the above lands were divided as owned by the defendant.

Accordingly, on November 14, 2007, the Daejeon District Court rendered a partition of co-owned property on November 14, 2007, as the receipt of No. 44456 on November 16, 2007, the entire shares of all other co-owners were transferred to F, and the land was owned by F alone.

On the other hand, Chungcheongnam-si, Chungcheongnam-do, J. 431.

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