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(영문) 서울중앙지방법원 2016.02.16 2014가단5353660

소유권 이전 등기 말소 등 청구의 소

Text

1. Among the plaintiffs' claims, the primary claims against the defendant C, D, and E, and against the defendant C and E.

Reasons

1. Basic facts

A. Defendant D, such as the relationship between the parties, is the wife of the deceased F (hereinafter “the deceased”), the plaintiff B, the non-party G, the plaintiff A, and the defendant E (son) are the children of the deceased’s husband and wife, and the defendant C purchased the real estate listed in the attached list from the defendant E. The deceased’s heir’s legal share of inheritance and legal share ratio are as follows.

The heir number 1 Plaintiff A’s heir’s legal reserve of inheritance 2/11/112 Plaintiff A’s heir’s legal reserve of inheritance 2/11/112 Plaintiff B’s heir 2/111/11/3/22 Defendant D’s spouse 3/113/22 of Defendant D’s heir’s legal reserve of inheritance 2/11/115 Nonparty G heir 2/111/111

B. (1) At the time of the deceased’s death and death, the deceased died on October 2, 2014, and at the time of the commencement of the inheritance, there was real estate listed in the separate sheet as inherited property.

(2) On September 23, 2014, Defendant E, upon delegation from the deceased, sold real estate listed in the separate sheet to Defendant C in KRW 900,00,00 as an agent (the collateral security debt of KRW 142,570,391 shall be repaid with the above sale price, and KRW 757,429,609 shall be held). After the death of the deceased, Defendant E completed the registration of transfer of ownership on real estate listed in the separate sheet to Defendant C on November 20, 2014. The real estate listed in the separate sheet was a property bequeathed by the deceased on September 11, 2009 to Defendant E, one of co-inheritors by an authentic method.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, evidence of No. 1 to No. 2, evidence of No. 1 to No. 5, evidence of No. 1 to No. 7, and the purport of whole pleadings)

2. Determination as to the plaintiffs' primary claims against Defendant C, D, and E

A. On November 20, 2014, after the death of the deceased, Defendant D and E, the deceased, were disposed of to Defendant C without consultation or consent with other inheritors, including the plaintiffs, the entire real estate indicated in the separate sheet, which is the deceased’s inherited property, and caused the plaintiffs to lose their property equivalent to the plaintiffs’ inherited shares.