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(영문) 서울중앙지방법원 2017.07.21 2017가합515065
기타(금전)
Text

1. Of the respective real estate listed in the separate sheet No. 1 attached to the Plaintiff:

A. Defendant B, C, and D shall each share of 644,60,141/8,426,160,000.

Reasons

1. Basic facts

A. The Plaintiff is an infant of I (hereinafter “the inheritee”); Defendant B is an inheritee’s birth; J, Defendant C, and D are colonies of each inheritee; Defendant E is the spouse of J; Defendant F, G, and H are children of each J.

The decedent died on April 11, 2014 and his inheritance commenced (hereinafter referred to as "the inheritance of this case"), and at the time of the commencement of the inheritance of this case, the decedent was a lineal descendant as the only legal heir without the spouse.

B. On April 21, 2014, the Plaintiff completed each registration of ownership transfer based on inheritance with respect to each real estate listed in the separate sheet Nos. 1 and 2.

In regard to this, the J, Defendant B, C, and D (J) died during the second instance trial under paragraph (c) below, and taken over the lawsuit by Defendant E, F, G, and H, and both Defendants B, C, and D (hereinafter referred to as “related plaintiffs”) were transferred by the decedent to the plaintiffs on April 27, 2002 on the ground that the decedent bequeathed each of the real estate listed in the separate sheet Nos. 1 and 2 attached hereto to the plaintiffs on April 27, 2002, the said first instance court dismissed the plaintiffs’ claim on December 18, 2014 on the ground that the decedent’s transfer of ownership was subject to the execution of each of the registration procedures for cancellation of ownership transfer in the name of the plaintiff as to each of the real estate listed in the separate sheet Nos. 1 and 2 attached hereto. However, the said first instance court dismissed the plaintiffs’ claim on April 27, 2002 because the decedent’s address was omitted on a will prepared on April 27, 2002.

C. The plaintiffs in the related lawsuit seek implementation of the procedure for registration of cancellation of ownership transfer in the plaintiff's name only with respect to each real estate listed in the separate sheet No. 1, and at the same time, the Busan High Court added to the preliminary claim claiming that the will of the deceased constitutes a private donation on April 27, 2002 and claiming that the will of the deceased constitutes a private donation on this ground.

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