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(영문) 서울중앙지방법원 2014.07.11 2012가합56813 (1)

근저당권설정등기말소등기

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1. The defendant shall make the Seoul Central District Court with respect to the plaintiff's share of 4/8 of each real estate listed in attached Table 2.

Reasons

1. Basic facts

A. The relationship between the parties and (i) the relationship and inherited property between the parties, and the couple C and D had F, Defendant, G, H, and I, the male and other children.

C On July 6, 1983, D died on November 24, 2003

(hereinafter referred to as "the defendant, etc."). Sheshe married with J around 1970, Sheshe got K (L) and M (N) as his/her child, and divorced from J on March 11, 1998, and died on July 19, 201. < Amended by Presidential Decree No. 2211, Jul. 19, 201>

Reference real estate listed in the [Attachment] List at the time of the death of the network E (hereinafter referred to as “real estate 1, 2, and 3”) was registered in order as owned by the network E.

Among them, on March 13, 1980, the registration of ownership transfer was completed on the ground of sale on March 5, 1980.

B. At the time of the death of the network E, the Defendant, etc. asserted that the real estate No. 2 was owned by the father of the network E and the Defendant, etc., and that there was a share in the Defendant, etc., and accordingly, demanded the Plaintiff to divide the same. The Plaintiff believed that the network E was de facto and did not verify the authenticity of the agreement and concluded the following agreements.

The following agreements with respect to the real estate No. 1, 2, and 3 around July 7, 2010 by the Plaintiff, K, M, and sibling, who are the successors of Shebl E, are the first agreement:

At the time, the Plaintiff did not request the appointment of a special representative by concluding an agreement on behalf of a person with parental authority or a legal representative with respect to P which is a minor. [Agreement on July 7, 2010]

1. Indication of real estate 1, 2, and 3 real estate;

2. The above agreed parties recognize that the second real estate is jointly inherited property of E, F, Defendant, G, H, and I, the inheritor, and agree as follows.

3. Contents of agreement (1) With respect to the first real estate, it shall be the sole ownership of K.

(2)