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(영문) 서울동부지방법원 2016.12.01 2015가합100042
투자수익금배분
Text

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

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

Reasons

1. Basic facts

A. Defendant C is the deceased’s spouse, Defendant B, and D of the deceased E (hereinafter “the deceased”).

B. On November 23, 2006, the registration of transfer of ownership was completed on November 22, 2006 under the name of the spouse J of H on November 23, 2006 with respect to the F Forest land in the Gangseo-gu Seoul Special Metropolitan City (amended to G on December 8, 2014, hereinafter “instant land”).

C. On November 27, 2006, on the instant land, the registration of provisional disposition was cancelled on June 20, 2008 when the registration of establishment of a neighboring mortgage amount of KRW 400 million to the debtor J, the mortgagee C, the maximum debt amount, was completed, and on March 2, 2010, the registration of provisional disposition was completed on March 2, 2010 with Defendant C as the creditor, whose right to claim for ownership transfer registration was the right to be preserved.

After that, on May 20, 2010, the registration of provisional disposition and the registration of change of provisional disposition have been revoked on the same day. D.

On May 8, 2008, a letter in the name of the deceased (hereinafter referred to as “each letter of this case”) was drawn up as follows.

Japan: 60,000,000 lot numbers: The amount above the F(D) amount in Pyeongtaek-gun, Gangwon-do and the above lot number's shares are recognized as the shares of the above lot number, and in the case of sale, the terms and conditions of distribution shall be respectively set forth.

E. On June 20, 2008, with respect to the instant land, the right to collateral security was established for the debtor J, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, and the maximum debt amount of KRW 390 million,000,000. The amount of KRW 150,000,000,000 was paid to K on June 23, 2008.

F. 1) On December 22, 2009, the Deceased died on or around December 22, 2009. (2) On April 22, 2010, in the Youngcheon District Court’s Youngcheon District Branch, the judgment accepting the said Defendants’ waiver of inheritance as Defendant B and D’s receipt of the said Defendants’ waiver of inheritance, and the judgment accepting the Defendant C’s declaration of qualified acceptance of inheritance, as Defendant C’s acceptance of the said Defendant’s declaration of qualified acceptance of inheritance.

3. After the deceased died, among the loans in this case.

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