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(영문) 서울중앙지방법원 2016.06.15 2015가합25650
채권자대위 등
Text

1. Defendant B, C, E, and F shall pay H 1/30 shares of each of the real estate listed in the separate sheet Nos. 1 through 3 to H.

Reasons

1. Facts of recognition;

A. H and Defendant B, C, D, E, and F are the successors of the network I (hereinafter “the deceased”).

B. Around April 29, 2011, Defendant B, C, E, and F prepared and delivered to H a written statement of transfer of ownership shares to the effect that “The transfer of 1/30 shares out of the following 1/5 shares of each of the following real estate is to be registered to H” (hereinafter “each of the instant notes”).

1. Papju-si J 4,939С;

2. K 2,318 square meters in a strike.

3. L paddy field: 4,251 square meters at the time of strike;

4. M forest land of 1,409 square meters at the time of utility poles;

5. Neither 694m2 nor 694m2.

6. 292 square meters prior to the date of utility poles.

7. Forest land of 3,085 square meters in a strike;

8. 12.47 square meters for single-story housing, each floor of a wooden structure string on the ground of Qinju, Qinju.

C. Meanwhile, around November 28, 2008, H issued to the Plaintiff a promissory note with a face value of KRW 100 million on January 31, 2009, and issued by a notary public with a notarized deed No. 306 of 2008, which was issued to the Plaintiff, and around April 12, 2010, H prepared and issued a written confirmation of debt existence to the Plaintiff that the Plaintiff had a debt worth of KRW 16,750,000.

H around October 4, 2013, between the Plaintiff and the Plaintiff, the Plaintiff entered into a contract for transfer and acquisition of rights (hereinafter “instant transfer and acquisition contract”) with the effect that the Plaintiff transferred all rights, such as the right to claim for transfer registration of ownership and the right to claim compensation for the expropriation of shares among the real estate stated in each of the instant notes, to the Plaintiff, and that the Plaintiff delegates the right to notify the transfer, such as bonds, to the Plaintiff.

E. Meanwhile, around February 16, 2007, the Deceased drafted a testamentary document with the following contents.

1. The Defendant B, C, D, E, and F legacy a 31.4 square meters of housing of one story among the 4,939 square meters in Pju-si in Pju-si, the 2,381 square meters in K-si in Pju-si, the 4,251 square meters in L, the 1,337 square meters in Pan-si in Pju-si, the 694 square meters in Paju-si, the 694 square meters in Paju-si, the 292 square meters in Paju-si, the 292 square meters in Paju-si, and the 91.07 square meters in Paju-si

2. Preamble shall be bequeathed to T, H, Defendant B, D, and F with a 3,085 square meters of P tree at the time of Pakistan.

3. 1/2 of the 7,668 square meters of U Forest in Pakistan to Defendant D.

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