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(영문) 의정부지방법원 2018.06.29 2017가합54487
유산분배금
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D (Death of March 2, 1981) and E (Death of February 12, 2014) are married couple, and there are the defendant who is South and North Korea (1958), the plaintiff A (1960), and the plaintiff B (1969) who is South and North Korea (1969).

B. A list of changes in the ownership of each land listed in [Attachment 1 and 2 list 1] At the time D dies, there were 1/18 land listed in [Attachment 1] No. 1-18 land, 1/3 equity of 19-25 land, 1/2 equity of 26 land, 1/3 equity of 1, 4 land listed in [Attachment 2] No. 1, 2, 3, 5-7 equity, 2, and 5-7 land (hereinafter collectively referred to as “instant inherited property”).

2) On September 2, 1981, the registration of ownership transfer was completed in the name of E and the Defendant with respect to the respective 3/10 shares of the attached table 1-12, the attached table 2-2, 3, and 5, and each 2/10 shares of the land under the name of E and the Defendant respectively, and the registration of ownership transfer was completed again in the name of the Defendant with respect to E and the shares of the Plaintiffs on the same day.

3) Attached 1 List Nos. 13-18, 19-25, 1/3 shares of 26 land, 1/2 shares of 1/2 shares of 5 land, 1/3 shares of 1/3 shares of 4 land, 6-7 shares of 1/3 shares of 5 land, and 7 shares of 1/6 of 1990 and 1/6 of 1997, the registration of ownership transfer was completed under the name of the defendant immediately from April 6, 1990 to November 6, 1997. 4) The defendant disposed of each land listed in Attached 2 List from November 7, 200 to October 13, 2016 to another person.

C. On August 10, 2007, Plaintiff A purchased the F tenement house 102 Dong 204 (hereinafter “F”) in the name of the Defendant’s spouse G on August 10, 2007.

() A sales contract to purchase the purchase price of KRW 70 million was concluded, and the registration of ownership transfer was completed in the name of G on September 19, 2007. The Defendant paid KRW 65 million out of the above purchase price. (ii) On September 6, 2012, the Plaintiff’s spouse H had completed the registration of ownership transfer on August 30, 2012 under the Plaintiff’s spouse H’s name.

On March 24, 2015, Seoul Guarantee Insurance Co., Ltd., a creditor of G, was Seoul Central District Court 2015da54279.

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