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(영문) 서울동부지방법원 2018.10.11 2017가합1989
상속회복 등
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

A. The status of the parties and the Plaintiff’s family relationship between the deceased J (Death on February 8, 2008, hereinafter “the deceased”) and the deceased K (Death September 11, 2015).

On the other hand, the Deceased had the Plaintiff, L, M, and N as his spouse’s children, and had the Defendant B as Defendant C, D, E, F, G, H, and I (hereinafter “Defendant C, etc.”) between Defendant B and his spouse, and P and Q were as their children betweenO.

B. The registration of ownership transfer was completed in the name of the deceased and the defendant B on the ground of the sale on August 22, 1969 with respect to the land of this case, Gangnam-gu Seoul, Gangnam-gu 4089 square meters. Since then on March 14, 1980, the registration of ownership transfer was completed in the name of T on the shares of 165/4089 out of the instant RR land. On September 9, 1981, the registration of ownership transfer was completed in the name of the deceased and the defendant B on the share of 3924/4089 out of the share of 686.6 square meters in the name of the deceased and the defendant B on the share of 3924/4089 on September 5, 1981, the ownership transfer was completed in the name of the deceased and the defendant C et al. on the share of 686 square meters. The above land became a substitute lot on June 7, 1982.

2) Meanwhile, on August 17, 1983, the registration of creation of a neighboring mortgage with respect to the instant RR land was completed on August 17, 1983, the maximum debt amount of which is KRW 70 million, U.S. Co., Ltd. and the debtor V Co., Ltd. (hereinafter “V”). On December 2, 1983, the registration of establishment of a neighboring mortgage with respect to the instant RR land was completed on December 2, 1983, WW Co., Ltd.

In addition, on December 31, 1983, the establishment registration of the mortgage-backed claims amounting to KRW 150 million, W, and the debtor V was completed with respect to the land of this case.

3. On July 6, 1984, the procedure of voluntary auction was initiated on or around July 6, 1984 with respect to the land of this case. On October 31, 1984, X,Y, and Z were awarded a successful bid and the registration of ownership transfer was completed on February 15, 1985.

C. A. of this case

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