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(영문) 대전지방법원 2016.10.07 2016가단11391
상속재산분할합의이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on January 13, 2016. The deceased’s co-inheritors are spouse B, the Plaintiff, Defendant C, the same D, Nonparty F, and other G.

B. Of the decedent’s inherited property, there are real estate listed in the attached list.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 4 through 6 (including virtual number), the purport of the whole pleadings

2. On February 8, 2016, after the death of the deceased, the Plaintiff, the Defendants, the Nonparty F, and G made an oral agreement on the division of inherited property with the purport that the Plaintiff and the Defendant B would have one-half shares of each of the inherited property. Since the Defendants refused to perform the agreement, they seek the implementation of the procedures for the registration of ownership transfer based on the division of inherited property.

3. We examine, ex officio, whether the instant lawsuit is lawful or not.

A. Except where the predecessor has determined the method of division of inherited property by will or prohibited division, ① the co-inheritors may divide the inherited property at any time through effective consultation, ② each co-inheritors may request division to the Family Court in cases where agreement on division has not been reached among the co-inheritors, and the division of inherited property shall have effect retroactively to the time of commencement of inheritance.

(Article 1012, Articles 1013, 269, and 1015 of the Civil Act). Also, a disposition on division of inherited property falls under Category E (Article 2(1)2(b)10 of the Family Litigation Act), and a family court’s exclusive jurisdiction is applicable to a family court’s case among the family non-litigation cases, and a judgment on division of inherited property shall be filed with all of the successors as opposing parties (Article 110 of the Family Litigation Rule; Article 110 of the Family Litigation Rule; and Article 110 of the Family Litigation Rule; and (1) where a consultation on division between the parties is effective, such consultation shall be made in addition to

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