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(영문) 대구지방법원 2015.01.16 2014나5126
소유권이전 및 채권양도
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Facts of recognition;

A. The original Defendant and the non-party C are the successors of F (name of G) (Defendant B28/56, Plaintiff, non-party C, Defendant D, and Defendant E, respectively).

F The F died on June 27, 1992. At the time, the heir was J and Defendant B, i.e., her wife and children, and her heir, but I died on January 12, 1999 and succeeded to the property of J and Defendant B. After the death of the J on January 9, 2008, she became the heir of the Plaintiff, Nonparty C, Defendant D, and E’s property.

B. Defendant B issued the certificate of personal seal impression as of June 26, 2012, and Nonparty C issued the certificate to the Plaintiff on June 25, 2012, respectively. Defendant D issued each of the respective certificates of personal seal impression to the Plaintiff via Defendant B, as of May 7, 2012 and December 11, 2012.

C. On March 12, 2013, Defendant E, who was residing in the U.S., prepared a written waiver of inheritance that “F’s heir waives his right to inherited property and delegate its related affairs to Defendant B,” and issued the said written waiver of inheritance to the Plaintiff via Defendant B, after obtaining a certification from the Korean consular official.

On March 12, 2013, the Plaintiff prepared a written agreement on the division of inherited property (hereinafter “instant agreement”) on March 12, 2013 with the following contents, affixed his/her seal, affixed his/her seal, and affixed his/her seal to Defendant B and Nonparty C, but Defendant D and E did not have the seal affixed thereon.

As for the inheritance commenced on June 27, 1992, since the inheritee H died on March 25, 1946, and his family heir F died on June 27, 1992, those co-inheritors shall consult on the division of inherited property as follows:

(1) The real estate listed in Attachment No. 1 and the deposit money listed in Attachment No. 2 shall be owned by the Plaintiff.

(2) The Defendants and Nonparty C among successors waive their inheritance.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 25, 29, 30 evidence (including each number), the purport of the whole pleadings

2. The plaintiff alleged by the parties is indicated in the letter of agreement of this case.

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