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(영문) 서울중앙지방법원 2019.01.22 2018나26115
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's claim against the defendant (appointed party) and the designated parties.

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) was the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in the separate sheet (hereinafter “each of the instant real estate”) and was one of the co-owners (J, K, L, and I) of the five real estate listed in the separate sheet.

B. The deceased died on April 2, 2001, and his heir or substitute heir (the deceased on July 19, 1987) is the Defendant, Appointer, H, F, and G, who are the children of the deceased, C, D, E, and C, E, and C, the other children of the deceased and the remaining children of the deceased.

C. However, with respect to each real estate of this case, while the inheritance registration has not been completed under the name of the above inheritor or substitute inheritor after the death of the deceased, the registration of provisional disposition was completed on the same day as the registration of joint ownership transfer was completed on December 29, 2015 with respect to each real estate listed in the separate list 1, 2, and 3 as the right to claim the registration of ownership transfer on December 29, 2015 by taking the right to claim the registration of ownership transfer as the right to preserve, upon receipt of the decision to prohibit provisional disposition on December 30, 2015 by subrogation of the above inheritor or substitute inheritor, including the defendant and the designated successor, and on December 30, 2015.

(As seen below, the forest T, 7,448 square meters in Gangseo-si in the process of expropriation was divided into 1,3 real estate listed in the separate sheet, and 3 real estate listed in the separate sheet appears to be part of the unclaimed land).

Around May 27, 2016, according to the “Ruling on Expropriation of Land, etc. to be incorporated intoU projects” implemented by the Korea Rail Network Authority, each of the instant real estate was accepted and the compensation for expropriation was paid to co-owners on the register, including the Defendant and the designated parties. The Defendant and the appointed parties H, F, and G were paid KRW 81,55,00,00 for each of the instant real estate and KRW 27,185,00,000 for each of the instant real estate.

E. Meanwhile, the deceased’s son on the other hand shall be against his mother-friendly N, the Defendant, and the designated parties.

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