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Reasons
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(영문) 서울동부지방법원 2017.01.18 2015가단21791
상속재산무효확인
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1. The Plaintiff (Counterclaim Defendant) paid 9,741,000 won to the Defendant (Counterclaim Plaintiff) and its payment from August 12, 2016.

Reasons

1. Basic facts

A. The non-party E gave birth to the non-party G by marriage with the non-party F, and then completed the marriage report with the plaintiff A after divorce with the F.

The Defendants are G’s own consciousness, and the Plaintiff B is the father of G born between E and the Plaintiff.

B. G died on February 19, 2007, and E died on August 24, 2011.

(hereinafter referred to as “the network G” and “the network E”).

Attached Form

With respect to each real estate listed in the list (hereinafter “each of the instant real estate”), the ownership transfer registration in the name of Nonparty H was completed on November 8, 1989, and on April 1, 2002, the ownership transfer registration in the name of G was completed (the “sale on February 28, 2002,” which is the cause of the registration).

On March 8, 2007, the Defendants completed the registration of ownership transfer (each 1/2 shares) with the grounds for registration as “Inheritance on February 19, 2007,” as the Suwon District Court’s king Registry No. 8581, Mar. 8, 2007.

The Plaintiffs and net E had occupied and used each of the instant real estate since before 2011, but the Defendants and Nonparty I, their mother, filed a lawsuit against the Plaintiff A against the Plaintiff for a claim for the surrenderation of building name, etc. under the Suwon District Court’s Ansan Branch 2012Gadan3850, and on October 10, 2012, “Defendant A” in the above court:

A. At the same time, the defendant (A) received KRW 10,50,000 from the plaintiff C and D, and KRW 31,50,000 from the above plaintiffs, respectively, and deliver each of the real estate of this case to the above plaintiffs;

B. Plaintiff C shall pay 434,00 won, 430,900 won to Plaintiff I, and 5% per annum from June 21, 2012 to October 10, 2012, and 20% per annum from the next day to the day of full payment.

The judgment was rendered, and thereafter all appeals and appeals against the above judgment were dismissed, and the above judgment became final and conclusive on August 28, 2013.

(hereinafter referred to as the “final judgment of this case”). E.

The Defendants deposited KRW 10,500,000 to Plaintiff A and KRW 31,50,000 to Plaintiff B on June 4, 2015 according to the instant final judgment.

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