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(영문) 대전지방법원 2015.10.30 2014나15772
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

A. As a result, the Family Council prepared “family minutes” (Evidence A 5) and “Agreements and letters” (Evidence A 6-1, 2) and the relevant contents as follows.

‘Agreements and Forms’.

1. He shall divide his inherited property according to his will;

(see Contents of a will) - Insignificant-

7.With respect to provisional registration (C, H, and I), co-operations shall be made not later than the transfer of ownership (provisional cancellation), regardless of ownership, until all the successors are resolved smoothly, and shall be co-responsibilities of successors in the event of a failure in resolution.

The share in inheritance division (land, building, forest, and previous land) shall be transferred to the Defendant, the land and its ground buildings of the Daejeon-gu J, K, L, Daejeon-gu, Daejeon-gu M, N, O, and the land of the Daejeon-gu PP (excluding 4,00 square meters) and the Plaintiff, the Plaintiff, the Daejeon-gu Q, P, R, S, T land, and the land of this case, Daejeon-gu U, V, I and the land of this case, and the Daejeon-gu PP to G, respectively.

After the first consultation, the provisional decision (the validity after the date of the heir’s seal) * 486 square meters and 295 square meters on the land of this case in the Nam-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant’s shares held a provisional agreement on the contents of the provisional decision, but the defendant did not make a decision but did not have been resolved. If both agreements were made, the remaining amount shall be returned to the Defendant, except for the total down payment and the amount of money in the amount of 50 million won, and the difference (F shares) shall be liable and resolved by the Plaintiff.

The detailed contents of G and F shall include the 200 square meters of the above ground building portion, private road portion or the Plaintiff’s ownership, whichever is later, provisional registration or transfer to F, with respect to KRW 30 million in debt relations between G and F, and if the above content is agreed upon, it shall be the solution for KRW 30 million borrowed from F and its interest.

On April 1990, the above inheritors reported inheritance tax according to their respective inheritance shares.

As of December 1, 1992, the successors drafted a “written agreement on the division of inherited property” (Evidence No. 1) and this also applies to the said written agreement.

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