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(영문) 서울중앙지방법원 2015.09.11 2015가합8976

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on May 4, 2014 from among the owners of each share indicated in the “net D Shares” column of the instant real estate, as the owner of each share indicated in the “net D Shares” column.

In the past, the deceased lives together with the defendant and maintains de facto marital relations.

Around December 2012, the marriage was reported.

The Deceased did not have a child, and his parents had their parents, and both the Plaintiffs and E as his brothers and sisters.

B. On April 28, 2014, the Deceased discussed that “execution of a will shall be jointly designated by the Plaintiffs.” On the spot where the Defendant and the Plaintiff A are located, “B shall block the entire property and divide the execution of a will into two by half.”

(hereinafter “The primary will”). On May 2014, Plaintiff A recorded the above statements, etc. of the deceased with a cell phone and requested the Seoul Family Court 2014 Ma4576 to approve the recording, and on October 17, 2014, the record of his/her will inspection was prepared by the said court. On May 2, 2014, the deceased was merely one day after the primary will, and on May 2, 2014, he/she took property inside to the Defendant for those who died without being properly contacted.

An executor shall appoint the defendant.

“The second will” (hereinafter referred to as “the second will”). C.

On May 5, 2014, the Defendant, while holding a funeral procedure for the Deceased, prepared and delivered to the Plaintiffs a waiver of inheritance that “the deceased waives all inheritance to the deceased’s property, and delegate all rights to the Plaintiffs” (hereinafter “instant renunciation of inheritance”).

This is accompanied by the “written confirmation” written by the Plaintiffs to the effect that the Defendant “as to the Defendant’s inheritance of KRW 135 million of the pre-tax deposit of 110,000,000 from among the net’s inherited property, Busan East-gu F apartment No. 110,3802.

On November 18, 2014, the Defendant filed a claim for the adjudication on the division of inherited property with G and H, a parent of the Deceased, Busan Family Court 2014Dhap20034, and the Plaintiffs on December 12 of the same year during which the lawsuit was pending.