beta
(영문) 서울중앙지방법원 2019.01.30 2018가합548918

유언무효확인등

Text

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

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

Reasons

Basic Facts

On May 25, 2017, the Deceased died, and his heir has children, Plaintiff A, Plaintiff C, Plaintiff B, Defendant D, and E.

On October 18, 2016, the Deceased prepared a testamentary deed stating that “The deceased shall testament the instant real estate after the deceased’s death, and the Defendant D shall trade the testamentary gifted real estate and pay KRW 100 million to the Plaintiff A and KRW 50 million to the Plaintiff B, and the remainder shall be distributed in 1/5 each by the Plaintiffs and the Defendants,” (No. 184, 2016, No. 184, hereinafter “instant testamentary deed”).

After the deceased died, on November 7, 2017, the Plaintiffs sent to Defendant D a written testament of this case to the effect that the Notarial Deed of this case was made without the capacity of the deceased.

1. Of inherited property, the instant real estate is reported by dividing it into 1/N between the Plaintiffs and the Defendants.

After the Deceased’s sale and purchase of the instant real property, the part remaining as the Plaintiff’s KRW 100 million and KRW 50 million for the Plaintiff A, shall be settled by selling and buying it, and the inheritance tax for KRW 100 million and KRW 50 million shall be settled by the Plaintiffs, respectively, and the part paid by the Defendants shall be refunded to the Plaintiff.

2. Of inherited property, the ownership of 55/131 of the deceased’s 131 shares in the Hobu in Dongjak-gu Seoul Metropolitan Government is Plaintiff A and Defendant C as 2/N. Taxes are assessed by dividing the Plaintiffs into 2/N, Defendant C, E, 2/N, and Defendant D as 1/N.

5. All the amounts of money in the deceased’s passbook and H traded shall be divided into 1/N.

Provided, That if one person becomes aware of tax, the problem of the entire property arises, and it is divided after paying the tax.

In order to prove the formation of the agreement above, the agreement shall be sealed and the commitment shall be implemented.

However, the agreement to be paid to the Gu office shall be deleted and submitted after affixing a seal to prevent the tax from being imposed on Defendant E's multi-family housing.

The plaintiffs and the plaintiffs.