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(영문) 서울고등법원 2015.07.17 2014나39079
근저당권설정등기말소등기
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The relationship between the parties and the inherited property 1) C, D, in around 1939, married and married in F, Defendant, G, H, and I (hereinafter referred to as “Defendant, etc.”) and five brothers and sisters of F, Defendant, G, H, and I (excluding E) are referred to as “Defendant, etc.”

C) On July 6, 1983, D died on November 24, 2003, and D died on November 24, 2003.2) E married with J and divorced from J on December 17, 1994. On March 11, 1998, the Plaintiff and re-born with P (O). On July 19, 201, the Plaintiff died due to fluoral blood transfusion during the process of performing kidal cancer treatment at the Toltol University Seoul Mother Hospital.

3) At the time of the death of E, the “real estate 1, 2, and 3” is “real estate 1, 2, and 3” in accordance with the attached real estate list sequence.

E was registered as owned by E.

Among them, on March 13, 1980, the registration of ownership transfer was completed due to the sale on March 5, 1980.

(b) Agreement on inheritance, etc. of real estate 1, 2, and 3;

1. Indication of real estate, 1, 2, and 3 real estate;

2. The parties to the above agreement recognize that the second real estate is jointly inherited property of E, F, Defendant, G, H, and I, the inheritor, and agree as follows:

3. Contents of the agreement (1) With respect to the first real estate, it shall be the sole ownership of K.

(2) As to the second real estate, 5/40 shares of the Plaintiff, K, M, and P, F, Defendant, G, H, and I shall own each 4/40 shares.

(3) With respect to third real estate, it shall be solely owned by the plaintiff.

4. The parties to the agreement, such as the timing to implement the agreement, will immediately implement the above agreement upon the death of E.

1) In the event of the death of E, the title of the Plaintiff, K, M, and P (hereinafter referred to as “Plaintiff, etc.”) who becomes his/her heir is referred to as “Plaintiff, etc.”

(C) On July 7, 2010, prior to the death of E, the Defendant, etc., on the premise that on July 7, 2010, real estate was inherited from C and D.

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