(영문) 전주지방법원 2015.08.25 2014가단2916

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.08.25 2014가단2916

소유권이전등기

Text

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

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

Reasons

1. Basic facts

A. The network D (hereinafter “the deceased”) died on December 30, 2013. E is the legal wife of the deceased as at the time of the deceased’s death. The Plaintiffs and F are the children of the deceased born before the deceased’s marriage with E, and the Defendant is the children of E born before the deceased’s marriage with E, and the deceased and E were married as the children of E who were born before the deceased’s marriage with E around 208 and divorced on November 29, 201 (hereinafter “instant marriage”).

B. On November 22, 2013, the Deceased sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant at KRW 188,00,000 (hereinafter “the instant purchase price”) and completed the registration of ownership transfer for reasons of the instant sale on November 27, 2013.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 5, 6 evidence, Eul's 4-1 to 3, witness G, and H's partial testimony, and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The Defendant did not pay KRW 88,000,000 to the Deceased out of the purchase price of this case, and thus, the co-inheritors succeeded to the above unpaid claim against the Defendant by the Deceased.

B. However, the above marriage between the deceased and the defendant is null and void as it was done without the intention of marriage for the purpose of concealing the deceased’s inherited property. As such, E cannot be the co-inheritors of the deceased.

Therefore, the plaintiffs primarily seek payment of KRW 29,33,333 (= KRW 88,00,000 x1/3) and damages for delay corresponding to the plaintiffs' shares in inheritance from among the above KRW 88,000,000,000, which correspond to the plaintiffs' shares in inheritance from the defendant, and 2) in the event that the marriage between the deceased and E is valid in advance from among the above KRW 88,00,000,00,000 ( KRW 88,000,000 x1/9) and damages for delay are sought from the defendant.

3. We examine the judgment, and the plaintiffs of this case against the deceased.

유사 판례

-광주지방법원 2016.06.14 2014가단524792

-제주지방법원 2017.05.31 2016구합418

-서울북부지방법원 2015.06.25 2014가합172

-서울고등법원 2020.07.16 2019나2026968

-서울동부지방법원 2019.11.14 2018가합110170