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(영문) 서울동부지방법원 2017.11.16 2017가합105171
말소승낙의 의사표시를 구하는 소
Text

1. The defendant Native Savings Bank Co., Ltd. shall have the name of the plaintiff 3.087/1881.261.

Reasons

Facts of recognition

D From April 12, 1988, while owning each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), D, on June 20, 2014, drafted a written will (hereinafter “instant will”) as shown in the separate sheet No. 2, stating that all of the instant real estate including the instant real estate will testament be bequeathed to the Plaintiff, as well as the said written will (hereinafter “instant will”).

D died on August 25, 2014, and at the time there was Plaintiff, B, and C as a child of D.

On the other hand, E, a spouse of D, died before the above point.

B filed a lawsuit against the Plaintiff on November 17, 2014 against the Plaintiff to confirm the invalidity of the instant will and seek the return of legal reserve of inheritance in preliminary order (hereinafter “related case”), and C participated in the lawsuit as a supplementary intervenor to the Plaintiff. On June 24, 2015, in the name of the Plaintiff, B, and C, the ownership transfer registration (hereinafter “registration of ownership transfer”) was completed on the ground of inheritance as to 1/3 of the instant real estate among the instant real estate under the name of the Plaintiff, B, and C (hereinafter “registration of ownership transfer”).

On July 10, 2015, with regard to the registration of shares No. 10, the establishment registration of the neighboring mortgage (hereinafter “the creation registration of the first neighboring mortgage”) with the debtor B, the U.S. Savings Bank Co., Ltd., Defendant U.S. (hereinafter “Defendant U.S. Savings Bank”), the maximum debt amount of 222,1 million won, and the registration of shares No. 2 on July 15, 2015, as to the registration of shares No. 100, the debtor C, the mortgagee C, the Defendant C, the Defendant C, the mortgagee C, the Co., Ltd., Ltd. (hereinafter “Defendant C CCC M. loan”), and the registration of the establishment of the neighboring mortgage (hereinafter “the registration of the establishment of the second neighboring mortgage”) with the maximum debt amount of 160 million won was completed. As to the registration of the establishment of the establishment on September 18, 2015.

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