Seoul Administrative Court 2008Guhap2828 (Law No. 16, 2008)

National High Court Decision 2007west397 ( November 15, 2007)

Whether ownership is succeeded to the heir if part of the real estate joint owners dies;

In a case where a part of the real estate is deceased, the deceased heir does not succeed to the status as a partnership-ownership, and thus the remaining heir shall belong to the sole ownership of the remaining co-ownership, unless otherwise expressly agreed by the partnership-ownership.

The contents of the decision shall be the same as attached.

1. The defendant's appeal is dismissed.

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

1. Claim: The defendant's disposition of imposition of KRW 115,112,870 against the plaintiff on July 1, 2007 shall be revoked.

2. Purport of appeal: Revocation of the judgment of the first instance. The plaintiff's claim is dismissed.

1. Acceptance of a judgment of the court of first instance;

The reasoning of the judgment of this court is as follows, and it is stated in the judgment of the court of first instance, except for the addition of the following judgments with respect to the matters asserted by the defendant in the trial, and therefore, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

【Descked Part】

If the standards for conducting affairs related to establishment of kindergartens are revised on January 16, 1998, and the owners of the previous kindergarten and the school site are two or more joint owners, the authorization for establishment shall be granted only when a representative is appointed with the consent of the joint names and the authorization for establishment is applied to the founder, and the authorization for establishment shall be deleted.

From January 16, 1998, the criteria for the establishment of a kindergarten have been amended on or around 5 pages 8-9, and the criteria for the establishment of a kindergarten have been changed to the sole name of both houses for convenience.

2. Additional judgment;

The defendant asserts that the registration of the combination of this case was made as part of the prior inheritance, and that the registration of the combination of this case was reversed or its presumption was reversed because it constitutes a false declaration of conspiracy under Article 108 of the Civil Act, since it was made as part of the prior inheritance, in light of the following: (a) the plaintiff and Yang Pung-si did not find at all documents related to the substance of the association, such as the association agreement, mutual investment, and joint business operation; (b) the plaintiff and Yang Pung-si did not report the change of the combination's property to the Seo-gu Office of Education in Daejeon Metropolitan City, which is the competent administrative agency of the kindergarten of this case; (c) the kindergarten of this case was registered as a business operator under the sole name of Yang Pung-si; and (d) both ○ Pong-si was

In light of the above, it is insufficient to conclude that the registration of the combination of oil in this case constitutes a false indication of a conspiracy or the reversal of its presumption capacity by only the circumstances as alleged by the defendant, and there is no other evidence to recognize it. Thus, the above assertion by the defendant is without merit

3. Conclusion

If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance shall be accepted.

As the conclusion is justified, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The decision shall be rendered as above.