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(영문) 서울고등법원 2014.10.30 2014나2010364
정산금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiffs' claims against the above revocation portion are all satisfied.

Reasons

1. Basic facts

A. The network G is the wife of the network H, and the network P, the Plaintiff F, the Defendant F, the network I, the network J, the network K, the network L, the network M, and the network N are children of the network H, and the Plaintiff C, D, and E are children of the network I. Family Do and the date and time of death are as follows:

H G G G G IO L A CD PP M M B N on November 15, 1957 the date and time of the death, the network H H on June 6, 1957, and on October 30, 1935, the network M on December 30, 2007, the network I on December 3, 1968, the network JW on June 10, 2009, on November 30, 2009, and on July 14, 1999.

As the network H died on November 15, 1957, the network P independently inherited the property of the network H (hereinafter “instant inherited property”) and the family head in accordance with the former common law.

C. Of the instant inherited property, X-740 square meters of land X-740 square meters in the name of the deceased P were divided into X-538 square meters on July 22, 1997, X-538 square meters of forest land, AK-154 square meters of forest land, and AL-58 square meters of forest land. The said X-538 square meters of forest land was further subdivided into X-30 square meters and AM-208 square meters of forest land.

Meanwhile, WW forest 2,879 square meters is divided into 1,897 square meters of W forest, AB forest 455 square meters, AC forest 527 square meters on February 20, 1995. The said W forest 1,897 square meters was divided into 269 square meters of W forest, 311 square meters of forest, 465 square meters of AP forest, 431 square meters of AP forest, 421 square meters of AP forest, and 527 square meters of AP forest 427 square meters on March 30, 1998.

On July 2, 1997, with respect to 269 square meters of WW forest in Chuncheon-si, AR, X 330 square meters of forest land in the name of AS on October 28, 1997, and with respect to 438 square meters of forest land in AC under the name of ATS on March 30, 1998, the registration of ownership transfer was made on the ground of each sale under the name of ATS on March 30, 1998, and with respect to 45 square meters of forest AB forest in Chuncheon-si on February 20, 1995.

E. The main contents of the confirmation document prepared by the deceased G with respect to the instant inherited property are as follows.

Net P Shares - Chuncheon Tro T (Initial Disposition) - Ma, M, Plaintiff A, I Shares in V site in Chuncheon City - The defendant of X site in Chuncheon City - X site in X.

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