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(영문) 서울서부지방법원 2018.01.11 2016가단248946
건물명도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty I died on March 24, 2012 by Nonparty I, the owner of the real estate listed in the separate sheet, and the co-inheritors are the Plaintiff, Defendant B, C, and Nonparty J, the wife of which is Defendant H, Defendant B, C, and Nonparty J.

Defendant D, E, F, and G, who are the family members of Defendant B, C, and Defendant C, are residing in the buildings listed in the attached Table.

B. On June 26, 2012 after the death of the deceased, the Plaintiff, the Defendant B, C, H, and Nonparty J, a co-inheritors, made an agreement on the division of inherited property (hereinafter “original agreement on the division of inherited property”) and the content thereof are as follows.

(1) From among inherited property, K 159 square meters in Mapo-gu Seoul Metropolitan Government and 13 square meters in Mapo-gu Seoul Metropolitan City (hereinafter referred to as "M-dong site") shall belong to the plaintiff.

(2) The Gyeonggi-do 15,868㎡ of forest land Nanju (hereinafter referred to as "forest land in Pakistan-si") among inherited property shall be owned by Defendant B.

(3) Investment certificates of a forestry cooperative at the time of strike shall belong to the defendant B.

(4) The remainder of financial property shall belong to Defendant H.

Date: June 26, 2012

The written agreement of this case (Evidence No. 2), however, the written agreement on division of inherited property (Evidence No. 2, hereinafter “the written agreement of this case”) has been prepared, different from the original written agreement on division of inherited property, as follows:

(The agreement on the division of the original inherited property shall include only Mdong site among the real estate in the attached list, but the agreement of this case includes only Mdong land, and some other details are different). (1) Of inherited property, the Mapo-gu Seoul Metropolitan Government Kga-159 square meters and 13 square meters in Seoul Mapo-gu, and the housing above the site (hereinafter “Mdong Housing”) among the inherited property shall belong to the Plaintiff.

(2) Among inherited property, the forest land of 15,868 square meters in Nanju-si in Gyeonggi-do shall be owned by Defendant B.

Date: June 26, 2012

The Plaintiff, as above, shall file a written agreement of this case containing Mdong Housing.

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