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(영문) 서울중앙지방법원 2020.01.16 2019가합512466

소유권이전등기

Text

1. The part of the Plaintiff’s lawsuit against the Defendants, which claims the existence of inheritance rights, shall be dismissed.

2. The Defendants are the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence 1 to 11, evidence 15 to 18, evidence 21-2 and all pleadings:

On October 15, 2018, the deceased F (hereinafter referred to as “the deceased”) died.

At the time of the deceased’s death, the mother is the first heir, and the second heir is the deceased’s sibling, Defendant B, C, D, and the deceased’s deceased’s deceased deceased’s deceased deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased

B. At the time of death, the Deceased owned the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. Defendant D, C, and B were old, the first heir of the deceased, and the Plaintiff voluntarily inherited the inherited property of the deceased, such as the above real estate, and then died in the future, and thus his consciousness becomes inherited, the Plaintiff renounced inheritance, taking into account the issue of payment of inheritance tax, etc., and Defendant D contributed to the support of the Plaintiff and the formation of the deceased’s property, and thus, prepared a proposal for agreement on inherited property solely by possession of the above real estate.

However, the Plaintiff did not know the above contents at the time of the preparation of the above consultation and proposal.

On October 19, 2018, Defendant D issued a certificate of personal seal impression under the name of the Plaintiff on behalf of the Plaintiff. Upon Defendant D’s request, the Plaintiff issued a basic certificate, family relation certificate, marriage relation certificate, and full adoption relation certificate to Defendant D on October 24, 2018.

E. Defendant B received each of the above documents from Defendant D on October 1, 2018. Around that time, Defendant B requested a certified judicial scrivener to file a request for a refusal of inheritance. A certified judicial scrivener did not directly verify the intent or delegation of inheritance to the Plaintiff, and on November 1, 2018, submitted a written request for a refusal of inheritance as the Plaintiff’s agent, Seoul Family Court 2018D-8295, and the said court filed the written request for a refusal of inheritance.