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(영문) 서울고등법원 2017.09.28 2017나2011252

소유권이전등기

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. D is a party’s status 1) A married with E (the death of September 29, 1993) and divided the Defendant, 2 South-North Korea Plaintiff A, 3 South-North G, 1 South-North G, and 4 South-North H as his child. On March 18, 2014, H was married with the Plaintiff, and died, i.e., I and J as his child, and died on July 5, 1994. Plaintiff B was transferred from I and J all the rights arising in relation to inheritance due to the death of D.

B. After D’s death, such as the content of the written will, the Plaintiffs and the inheritors including the Defendant opened the D’s will on March 21, 2014, and as a result, several copies of the D’s will were discovered on December 4, 2008. Among them, the written will certified as a notary public’s deed (hereinafter “instant will”) entered on one page that “1/2 of the deceased’s entire property shall be inherited to the Defendant, who is the south of the deceased, and the remainder 1/2 shall be divided into the Plaintiff and F, G, I, and K (the deceased’s legal heir and the deceased’s heir shall not be the deceased’s death) and the two and three pages that “The real estate listed in the separate list (hereinafter “instant real estate”) shall be inherited by the Defendant, and the Defendant shall sell the pertinent real estate and sell the real estate to the heir in installments, etc.”

C. On March 29, 2014, the discussion about the adjustment of inheritance ratio and the disposal of the real estate of this case 1 Defendant, Plaintiffs, F, and husband L et al. were reproduced again in order to prepare an agreement on inheritance on March 29, 2014. On the left margin of the copy of the will of this case, F stated that “I would have given 20% to her mother, but I would have given her renunciation of 20% and received 50 million won.” On the upper margin of the copy, I signed the agreement, stating that “I will have given 20% to her mother, but I would have given her renunciation of 20% and receive 5% more.5% more.”