(영문) 의정부지방법원 2020.05.20 2018가합58097

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(영문) 의정부지방법원 2020.05.20 2018가합58097

약정금

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. G died on April 24, 2011

(hereinafter referred to as “the deceased”). The deceased’s heir is the Plaintiff A and his/her children, who are the deceased’s spouse, and there are Plaintiff B (mams), C (mams), Defendant (mams), Plaintiff D (mams), and E (ma).

B. On October 20, 201, each of the real estate listed in [Attachment List Nos. 1 through 7 (hereinafter “each of the real estate listed in the Attached List”) owned by the deceased was “each of the instant real estate,” and each of the real estate listed in the Attached List Nos. 1 through 7 was registered as the cause of inheritance by agreement and division on April 24, 201 in the future of the defendant on October 20, 201. On the same day, with respect to the real estate listed in paragraph 8 of this case owned by the plaintiff as of September 9, 201 in the future of the defendant on September 9, 201.

C. On March 26, 2012, each registration of transfer of ownership was completed on the ground of sale on March 26, 2012, for the instant real estate Nos. 1 to 3, and each registration of transfer of ownership was completed on March 21, 2016 for the instant real estate Nos. 4 to 8.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 4, and 5 (including each number), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. On April 26, 2011, the Defendant’s assertion that each of the instant real estate, the deceased’s inherited property, completed the registration of ownership transfer under the name of the Defendant for convenience. ① After the sale with the Plaintiffs, the real estate of this case was divided into the remainder remaining after the deceased’s repayment of the deceased’s debts, and ② even if the real estate of this case was disposed of after the death of the Plaintiff A and promised to be divided into the Plaintiff B, C, D, and E (hereinafter “instant agreement”), the real estate of this case was sold without permission, and the sales price was settled to the Plaintiffs.

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