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(영문) 청주지방법원 2017.02.16 2015가합22684
소유권이전등기말소등기
Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B shall have the Jincheon Registry Office of the Cheongju District Court as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is the heir of the deceased E (the deceased on August 11, 2014, hereinafter “the deceased”) who owned each real estate listed in the separate sheet.

B. On October 5, 2011, Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) based on the gift made under the name of the Deceased on September 28, 201 in accordance with the gift agreement made on September 28, 2011 (hereinafter “instant donation”).

C. On December 26, 2012, Defendant B completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) of the maximum debt amount of KRW 60,000,000 on December 26, 2012 with respect to each of the real estate listed in the attached Tables 2 and 3 (hereinafter “instant mortgaged real estate”) listed in the attached Tables 2 and 3 to Jincheon Agricultural Cooperative (hereinafter “Defendant Cooperative”). D.

The Deceased, on January 1, 2009, drawn up a will (A No. 2) on January 1, 2009 with the following contents:

(hereinafter “First Will”). The Deceased in a will specified the number of each real estate in the first will, but for convenience, the category and area of each real estate were specified according to the entry in the register of each real estate.

A testator himself/herself shall make a will as follows as a person who resides in the F of the Jincheon-gun of Chungcheongbuk-gun:

If all the wills made by the principal or any change thereto after this will is transferred or made by him/her conflicts with the contents of this will, all of the contents of this wills shall prevail.

Article 2(Property) (1) The ownership and buildings of one’s own land, buildings, water tanks, buildings, facilities, machinery, apparatus, goodwill, etc. shall be inherited to children as follows:

(2) The land and buildings of 810 square meters in G-type G-type, 819 square meters in advance, and 234 square meters in advance before I shall be managed by C as a paper of inheritance, and the descendants shall continue to succeed and manage.

(3) The land for a fish tank shall be 755m2 and 755m2.

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