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(영문) 서울고등법원 2016.10.20 2016나2003483
소유권이전등기절차이행등
Text

1. The part of the judgment of the court of first instance against Defendant B and C is revoked, and all of the plaintiff's claims corresponding to the above revocation part are revoked.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff of the parties met the deceased E at a meeting of the mountain conference around February 2007 (hereinafter “the deceased”). Around that time, the Plaintiff was aware of the deceased, and Defendant B is the deceased’s spouse, and Defendant C and D are the children of the deceased.

B. Although the resident registration number F is all indicated in the report of this case, such as the preparation of the deceased’s report, the report of this case is indicated in the attached Table only.

성명 E 글씨 자필 이유 상기 본인이 갑작스레 사망했을 경우 인천직할시 서구 G(현재 A 세입자 거주중)의 가옥을 A에게 소유권을 넘겨주기 바라며 현금 일억 원(쌀로 치면 五拾가마)을 만들어(재산상속시) 주기 바람. 위 내용은 간절한 소망임. 2013. 12. 18. 경기도 부천시 소사구 H아파트 707호 E (서명) 1) 망인은 2013. 12. 18. 자필로 아래와 같은 내용의 유서(갑 제1호증, 이하 ‘이 사건 유서’라 한다

2) On December 19, 2013, the day following the preparation of the instant report, the deceased knew of the record of telephone conversations with the Plaintiff immediately after preparing the instant report. On December 19, 2013, the deceased reported that he prepared the record of the instant report to the Plaintiff. The deceased kept the record of the instant case up to the day.

C. (1) The Deceased died on August 12, 2014, and the Defendants’ inheritance. (2) Meanwhile, the Deceased was holding inherited property, including each real estate listed in the separate sheet at the time of the Deceased’s death, and the Defendants agreed on the division of inherited property on November 4, 2014.

According to the above agreement on division of inherited property, Defendant B and C paid KRW 200 million to Defendant D. In addition, real estate, automobiles, deposits, insurance, workplaces, etc. are to be owned or jointly owned by Defendant B and C.

3 As to each real estate listed in the separate sheet Nos. 1 and 2, the name of the defendant C on November 10, 2014 due to inheritance by consultation division.

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