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(영문) 서울동부지방법원 2020.01.22 2018가합102025
소유권이전등기
Text

1. The Plaintiff:

A. As to Defendant B’s share of 244,327,285/2,342,470,000 of the real estate listed in the separate sheet No. 1, attached Form 2.

Reasons

1. Basic facts

A. The Plaintiff’s father E (hereinafter “the deceased”) died on December 10, 2016, and the Plaintiff and the Defendants, who were the deceased’s children, inherited the deceased.

B. At the time of the deceased’s death, active property was 31 square meters in Echeon-si, G forest 8,331 square meters in Eju-si, 15/847 square meters in Eju-si, H forest 12,796 square meters in Eju-si, 15/847 shares in Eju-si, 126 square meters in Eju-si, 15/847 shares in Eju-si, 15/847 shares in Eju-si, 19,636 square meters in Eju-si, 15/847 shares in Eju-si, 19,636 square meters in Eju-si, and 15/847 shares in Eju-si, Ga-si, 496 square meters in Eju-si, and the market value at each of the above real property was 15,191

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings

2. Determination on the defendants' main defense

A. The summary of this safety defense was prepared by the Plaintiff prior to the deceased’s death, and it made it clear that the Plaintiff would not claim the return of the legal reserve against the Defendants by accepting the Defendant’s donation of N Apartment O of the ground No. 8 (hereinafter “N apartment of this case”). The Plaintiff again promised that the Defendants would not claim the return of the legal reserve after the deceased’s death. The Plaintiff’s lawsuit of this case is unlawful as it violates the Non-Lawsuit Agreement and is thus unlawful.

B. According to each of the statements in the evidence Nos. 3 and 8, the Plaintiff prepared a letter of renunciation of inheritance with the purport that on June 26, 1998, the Plaintiff renounced all the legal rights to inheritance or transfer with respect to the property rights of the deceased and the mother’s mother, and Defendant C donated the instant N apartment to the Plaintiff on December 9, 2015, and completed the transfer registration under the Plaintiff’s name on December 10, 2015.

However, the waiver of inheritance, including legal reserve of inheritance, can only be made within a certain period after the inheritance commenced, and it is effective to follow certain procedures and methods such as reporting to the family court.

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