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(영문) 서울중앙지방법원 2018.03.23 2017가단6229

부친예금 및 채권(조의금 등)

Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. D’s spouse E and ① the Plaintiff A, the Defendant (son), the Plaintiff B, the Plaintiff B, the F, and the G were children.

D means January 8, 2013, and E means the same year.

7. Each death of 18.

(hereinafter referred to as “D.” The deceased’s inherited property had seven parcels of land listed in the attached Table 1’s real estate list (hereinafter “land to be granted”), one-five shares of the eight parcels of land listed in the attached Table 2’s real estate list (hereinafter “astronomical land”), and 14,372,505 won of deposits against Hbank (hereinafter “H bank deposit”), and there was no inheritance obligation.

B. On January 10, 2005, the Deceased drafted a form of transfer on its own hand that “The rights to the land grant and the astronomical land shall be transferred to I (the Defendant’s children) who is the grandchildren.”

On November 22, 2013, the Daejeon Family Court at the request of the defendant, the member of the District Court in charge of the Daejeon Family Court had the will inspector of the above letter of transfer of rights and prepared a protocol of will inspector.

(2013 Dr. 172). I completed the registration of transfer of ownership based on legacy on February 7, 2014 on land granted on February 7, 2014.

On September 12, 2014, the Plaintiffs and the deceased’s children, including the Defendant, completed the registration of transfer of shares on the grounds of inheritance on February 1, 2013 with respect to their respective shares of 3/325 (i/25, the deceased’s ownership 1/5 x their respective shares of inheritance 1/5) out of the land in the astronomical land.

The Plaintiffs received a favorable judgment by filing a lawsuit against H Bank, such as a deposit, etc. (U.S. District Court Branch 2014 Ghana35368). The Plaintiffs received KRW 2,874,501, respectively, 14,372,505, total sum of H Bank deposits in the deceased’s account based on the said judgment.

C. The Plaintiffs filed a lawsuit against I, primarily, seeking the cancellation of the registration of transfer of ownership on the land granted on the ground that the said transfer of rights became invalid, and sought the cancellation of the 1/10 shares out of the land granted on the ground of infringement of legal reserve of inheritance.

(Seoul Southern District Court 2014da57598). The court of appeal in the above case shall make the primary claim of the plaintiffs.