(영문) 창원지방법원 2018.12.13 2017가합53319

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(영문) 창원지방법원 2018.12.13 2017가합53319

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C, the Plaintiff, D, E, F, and G are children of the deceased H (Death on May 17, 2005, hereinafter “the deceased”), and the Defendant is the wife of G.

With respect to C (Is), the adjudication on adjudication of quasi-incompetent was finalized on October 15, 1990, and since January 18, 2001, the deceased was a legal guardian of C. The plaintiff was a legal guardian of C on May 17, 2005 after the death of the deceased. On July 3, 2010, G became a legal guardian of C.

B. At the time of the deceased’s death, each real estate listed in the separate sheet (hereinafter “instant inherited real estate”) was included in the property owned by the deceased, but the Plaintiff completed the registration of ownership transfer on September 27, 2005 regarding the entire inherited real estate due to a consultation and division.

C. On January 29, 2010, the Plaintiff completed the registration of ownership transfer due to sale on January 22, 2010 to G as to the real estate listed in the separate sheet Nos. 1, 2010 among the instant inherited real estate (hereinafter “instant real estate”) and No. 4, and completed the registration of ownership transfer due to sale on February 18, 2010 to the Defendant on March 3, 2010 (hereinafter “the registration of ownership transfer that was completed to the Defendant on the instant real estate”), and completed the registration of ownership transfer to the Defendant on March 5, 2010 as to the real estate listed in the separate sheet No. 5 on February 18, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, each entry of Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) around January 2010, the deceased’s children, including the Plaintiff, agreed that the instant real estate among the instant inherited property is owned jointly by the Plaintiff, D, E, and F, and that the remainder of the real estate is owned by G, and C, a quasi-political state, excluded from the division of inherited property. Meanwhile, the Plaintiff, D, E, and F agreed that the instant real estate should be owned solely by F.

alternative.

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