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1. Defendant B’s KRW 7,236,592 as well as 5% per annum from March 26, 2020 to June 25, 2020 as to the Plaintiff.
Reasons
1. Basic facts
A. The deceased E (hereinafter “the deceased”) died on August 25, 2014, and the Plaintiff, Defendant B, and D are the children of the deceased, and Defendant C is the spouse of Defendant B.
B. On June 20, 2014, the Deceased drafted a testamentary book in the deceased’s name (hereinafter “instant testamentary book”) stating that “the deceased’s property shall be bequeathed to the Plaintiff.”
C. On November 17, 2014, Defendant B filed a lawsuit seeking nullification of a will with the Seoul Eastern District Court 2014Gahap11032 against the Plaintiff, and Defendant D filed an application for intervention in the assistance with Defendant B on July 27, 2015.
In the above lawsuit, Defendant B primarily claimed the confirmation of invalidity of the will of this case and the payment of the amount equivalent to his reserve of inheritance in preliminary case. The above court dismissed the primary claim on the ground that “The will of this case is prepared by the method under Article 1066 of the Civil Act in the condition of the deceased’s ability to make a will,” and sentenced to a judgment citing part of the conjunctive claim.
The Seoul High Court 2016Na2087023, which was the supplementary intervenor, appealed on May 25, 2017, but the appeal was dismissed on June 15, 2017.
As above, on June 24, 2015, the lawsuit seeking confirmation of invalidity of a will was pending, each of the real estate listed in the separate sheet owned by the deceased (hereinafter “instant real estate”) on the registration of ownership transfer of one-third shares in the Plaintiff, Defendant B, and D on the ground of inheritance on August 25, 2014. On July 10, 2015, the registration of ownership transfer was completed for the share of Defendant B among the instant real estate, which was KRW 221,00,000,000 with respect to the maximum debt amount, and the registration of ownership transfer, which was the debtor B, and the mortgagee B, and the mortgagee Co., Ltd. (hereinafter “F”), as to the share of Defendant D among the instant real estate on July 15, 2015.