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(영문) 서울북부지방법원 2014.11.26 2014가합20992
공탁금출급청구권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. D와 E는 부부로서 그 슬하에 피고 C(맏딸), 원고(차녀) 및 피고 B(막내아들)을 두었다.

B. On August 11, 2011, E drafted a testamentary document stating that the Plaintiff will testamentary gift of each of the following real estate (No. 2-10, each of the two-half shares: hereinafter “instant real estate”):

(hereinafter “instant primary testamentary gift”). In addition, D prepared a testamentary deed stating that one half of the lands Nos. 2-10 and one half of the above lands will be bequeathed to the Plaintiff on the same day.

In the case of 5 m2, 248.26 m2, 248.3 m2, 244 m2, Gu-si, G factory site of 194 m2, Gu-si, 242 m2, 340 m2, 340 m2, 340 m2, 340 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,00 m2,00 m2,00 m2,00 m

C. D’s death on October 17, 201. With respect to one-half of each share of the lands Nos. 6,9, and 10 of the above real estate, the registration of relocation was completed on November 9, 201 following the agreement on the division of inherited property between the heir E, the Plaintiff, and the Defendants, contrary to the content of the above testament’s authentic document.

With respect to one half of the lands Nos. 2, 3, 4, 5, 7, and 8, the registration of transfer was completed in the name of the plaintiff.

On November 17, 201, the transfer registration was made in the name of the plaintiff on the ground of the gift on November 17, 201.

The land Nos. 3, 6, 8, 9, and 10 among the above real estate is expropriated by the Korea Land and Housing Corporation, and E was paid KRW 590,898,330 on December 27, 201 as compensation for expropriation of one-half of the above land.

E. On December 28, 2011, E opened a term deposit account with the maturity date on December 28, 2012 at the point of view of the National Bank (hereinafter “National Bank”) (hereinafter “National Bank”) and deposited KRW 300,000,000.

The term “the instant term deposit” refers to:

:

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