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(영문) 서울중앙지방법원 2015.06.30 2014가합29136

소유권이전등기 등

Text

1. The Plaintiffs, Defendant D, each of the 52,816,181 won, Defendant E, each of the 863,660 won, and each of the said money from June 25, 2014.

Reasons

1. Basic facts

A. The relationship between the parties (1) around June 2009, the F was diagnosed as the UP cancer and was under the influence of an infectious disease, such as the operation of the UPA and the radiation treatment, and was hospitalized in the Seoul APP on April 9, 2012. On April 16, 2012, the symptoms aggravated, and was hospitalized in the hospital. On April 29, 2012, the F was killed on April 15, 2012.

(2) A, a mother of F (hereinafter “the deceased”), solely inherited the Deceased, and thereafter A died on November 30, 2014, during which the instant lawsuit was pending.

(3) The deceased A’s children were Nonparty G (First, He (first, his father), Defendant D (Second, Deceased (Third, his married), the Plaintiffs (Fourth, Fourth, in the order of priority) and Defendant E is the husband of Defendant D.

(4) Meanwhile, in the presence of witness I and J on July 29, 2014, the deceased prepared a testamentary document to the effect that a notary public, in accordance with the outcome of the instant lawsuit, No. 217, 2014, a notary public, in the presence of witness I and J, will document to the effect that all of the real estate and money acquired as a result of the instant lawsuit will be bequeathed to some of the plaintiffs who are children, one-half of each of the children, and accordingly, the plaintiffs taken over

B. (1) On April 16, 2012, the deceased and Defendant D entered into a sales contract on the real estate stated in the separate sheet (hereinafter “the loan certificate of this case”) with the content that the deceased borrowed KRW 120 million from Defendant D as of July 21, 2010 retroactively from the date of preparation to Defendant D on the place where there was an employee of the certified judicial scrivener office visiting the hospital on April 16, 2012.

(2) On the same day, the deceased and the defendant D entered into a contract on the acquisition of the claim for the transfer of the deposit amount of KRW 65 million on the Namyang-si L(1 Complex) apartment No. 1505, 1505 (hereinafter “the lease apartment of this case”) against the deceased for the repayment of the loan borrowed under the above Paragraph (1) against the defendant D on the same day.

(3) as well.