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(영문) 서울중앙지방법원 2014.05.23 2013가합1674
채무부존재확인 등
Text

1. The plaintiff (Counterclaim defendant)'s lawsuit against the defendant (Counterclaim plaintiff) C shall be dismissed.

2. Defendant D.

Reasons

Basic Facts

The inheritance-related net E was married with the deceased F and died on April 7, 1999. At the time, there was a spouse network G, the South South-North Defendant D, Defendant C, and C, the South-North Sea network H with the spouse network F and children.

The networkF died on October 24, 2009, and at the time there were children G, Defendants, and the network H as legal successors.

The deceased H died on August 6, 201, and at the time there was a deceased sibling G and the Defendants as legal heir.

The deceased G died on January 25, 2012, and at the time, there was Plaintiff A and Plaintiff B as a legal heir.

At the time of the death of the deceased E and net F's inheritance, each real estate listed in paragraphs 2 and 3 of the attached list of inherited property was registered in the name of the deceased E and each real estate was recorded in the annexed list of inherited property. Since then, each registration of ownership transfer (an inheritance by each consultation division on April 7, 199 and August 6, 201) has been made as shown in the non-high column for the list of inherited property.

At the time of the death of the deceased F, the real estate registered in the name of the deceased F or the real estate owned by the deceased F was each of the real estate listed in Section 1, 4, or 44 of the attached list of the inherited property (hereinafter referred to as the “instant inherited property” in combination with the above mentioned inherited property), and each ownership transfer registration (an inheritance by agreement on October 24, 2009 and August 6, 201) was completed as shown in the column for column for the attached list of the inherited property.

Defendant D is residing in the apartment of this case as of the date of closing argument of this case.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 6 through 9, Eul's evidence Nos. 1 through 4, and 11 (including each number), and the whole purport of the pleadings, Eul's assertion by the parties concerned is that the plaintiff Eul owns three-fifths of the building indicated in the annexed apartment list (hereinafter "the apartment of this case"), and the plaintiff Eul owns two-fifths of the above building.

The apartment of this case was originally owned by the network F, and on October 24, 2009, the apartment of this case was inherited due to consultation and division on April 27, 2010.

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