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(영문) 인천지방법원 부천지원 2018.11.14 2018가합101856
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. F owned real estate listed in the separate sheet

F The F died on July 16, 1998.

The plaintiffs and the defendant are F's inheritors with F's children.

B. On November 5, 1998, the Plaintiffs and the Defendant entered into a contract for division of inherited property (hereinafter “instant agreement for division of inherited property”) and owned the real estate, etc. indicated in the attached Form, which is inherited property, as the Defendant, and the Plaintiffs did not receive inherited property.

C. On November 9, 1998, the defendant completed the registration of transfer of ownership based on inheritance by consultation and division on July 16, 1998.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 6, 14, Eul evidence 1, the purport of the whole pleadings

2. The summary of the plaintiffs' assertion is F-Chonam and G-Woo's paper descendants.

At the time when the plaintiffs and the father of the defendant F were dead, the funerals of the deceased in the attached real estate were laid down.

The plaintiffs and the defendant agreed on the division of the inherited property of this case on the premise that real estate stated in the separate sheet should be continuously used as a graveyard of the ancestor and that the attached sheet should be transferred to the defendant who is the father and the descendant.

Afterward, the defendant completed the registration of transfer of ownership on the attached real estate by agreement on division of inherited property.

However, on January 30, 2018, real estate stated in the separate sheet was incorporated into an expressway site, and hearing about the project approval procedure was conducted on January 30, 2018.

Attached Form

Since the recorded real estate is scheduled to be expropriated by the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, it is no longer possible to gather a grave.

The above change of circumstances occurred due to reasons not attributable to the plaintiffs, and if the plaintiffs and the defendant were not able to at all at the time of the agreement on the division of inherited property of this case, and if they recognize the binding force of the agreement on the division of inherited property of this case to the parties

Therefore, the Plaintiffs.

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