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(영문) 서울고등법원 2015.10.23 2014나61083
공유물분할 등
Text

1. The money to be paid below among the judgment of the first instance (excluding the part demanding partition of co-owned property withdrawn in the trial).

Reasons

1. Basic facts

A. J (hereinafter “the deceased”) died on April 20, 207. On the deceased’s co-inheritors, Plaintiff A (the wife of the deceased K), Plaintiff B, C, and D (the deceased’s heir of September 1993), who is the deceased’s heir of the South-Nam network K (the deceased’s death on September 19, 193). Plaintiff E, Defendant 3, Defendant 4 South-North, Plaintiff F, Plaintiff G, and Plaintiff H of 2 women.

B. The Deceased owned each real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”). On May 4, 2004, the Deceased prepared a testamentary document stating that the instant real estate will be bequeathed to the Defendant, and on May 3, 2007, on the ground of testamentary gift on April 20, 2007, on which the Deceased died, the ownership transfer registration was completed in the Defendant’s future on April 20, 207.

C. On May 18, 2007, the plaintiffs filed a lawsuit against the defendant seeking the return of legal reserve of inheritance with Seoul Western District Court 2007Da32279, and the complaint reached the defendant on May 31, 2007, and the above court rendered a judgment of acceptance of part of the claim on May 22, 2009.

The Defendant appealed as Seoul High Court Decision 2009Na63719 on May 18, 2010, but the above court rendered a judgment on May 18, 2010 that “the Defendant shall implement the procedure for ownership transfer registration on the basis of the refund of legal reserve on May 31, 2007 with respect to each share in the column for the first share in the attached Table 2 of the instant real estate.” The Defendant’s appeal against this judgment was dismissed on September 9, 2010 (Supreme Court Decision 2010Da47223). The above appellate judgment became final and conclusive as it is (Supreme Court Decision 2010Da

(hereinafter referred to as “previous lawsuit”). D.

According to the above judgment, the defendant completed the registration of ownership transfer in the future of the plaintiffs, such as the statement No. 2 No. 1 through No. 8 of [Attachment 2] No. 8 of October 8, 2010, and the defendant became a minority equity right holder (49.2% and minority number) of the real estate of this case, and thereafter, the plaintiff H completed the registration of ownership transfer in the future of plaintiff F with respect to his share among the real estate of this case on November 8, 2010.

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