logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2015.09.16 2015가합1482
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C’s death, inheritance of property, etc. 1) On January 29, 1932, the Plaintiff and the Defendant’s father C married with D (Death on November 16, 1976) and had the Plaintiff, E, F, G, H, I, J (Death on October 25, 1998) and Defendant as their children. 2) As C died on March 18, 2007, C shared inheritance of C’s property in proportion to the shares of the Plaintiff, E, F, G, H, I, I, and Defendant, 1/8 shares, and the shares of K, L, M, M, and N, each of which are the substitute successors of J, 1/32 shares.

B. On the other hand, C on November 2, 197, real estate listed in the separate sheet (hereinafter “instant land”) on November 2, 197.

(2) On November 1, 197, the Plaintiff, E, G, H, K, L, M, and N (hereinafter “Plaintiffs, etc.”) donated the instant land to the Defendant by means of completing the registration of ownership transfer on the ground of sale and purchase under the name of the Defendant on November 1, 1977. (2) The Plaintiff, E, G, H, K, L, M, and N (hereinafter “ nine persons including the Plaintiff, etc.”) asserted against the Defendant that the Seoul Western District Court Decision 2008Gahap2135 against the Defendant, and (1) C’s children filed a lawsuit claiming a legal reserve of inheritance on the ground that C’s death subsequently agreed to fairly distribute the instant land, which was donated by the Defendant to obtain his/her re-employment from his/her children, and that C subsequently completed the registration of ownership transfer under the name of the Defendant, even if considering the implementation of the procedures for the registration of ownership transfer under the inheritance shares and the donation of the instant land to the Plaintiff, etc., and other special profits, the Plaintiff et al. were not entitled to receive legal reserve of inheritance (hereinafter “the Plaintiff”).

3. On August 26, 2010, the above court rendered the primary claim of nine persons including the Plaintiff, etc. on the ground that there is insufficient evidence to acknowledge that C’s children, including the Defendant, agreed to fairly distribute the land of this case after the fact.

arrow