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(영문) 의정부지방법원고양지원 2019.11.07 2019가단3861
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that since there was an agreement between the defendant and the defendant on the division of inherited property to own the real estate of this case, the defendant is obligated to implement the procedure for the registration of transfer of ownership based on the agreement on the division of inherited property of this case as of August 28, 2018.

According to the evidence No. 4-1 of this case, under the title "C, prior to the death of the heir," "I, prior to the commencement of the inheritance, waivement of the inheritance," it may be acknowledged that "I, prior to the commencement of the inheritance, I deliver the plaintiff with the statement "I, prior to the commencement of the inheritance." However, according to Articles 1013 and 1015 of the Civil Act, the division of inherited property is retroactively effective at the time of the commencement of the inheritance, and the agreement on division of inherited property should be reached with free will among the inheritors after the commencement of the inheritance. The agreement on division of inherited property between the heir and the heir who agreed to inherit the property independently before the death of the decedent should be deemed to be not only the renunciation of inheritance by other inheritors. Such waiver of inheritance is effective only within a certain period after the commencement of the inheritance and in accordance with certain procedures and methods such as reporting to the Family Court, and thus, the inheritance agreement prior to the commencement of the inheritance is not effective (see, e.g., Supreme Court Decision 94Da384984.

It is insufficient to deem that there was a valid renunciation of inheritance that the Defendant would waive the entire inheritance of C, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim is without merit.

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