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(영문) 창원지방법원 2019.06.11 2018가단109847 (1)
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On February 24, 2014, K died. The heir is L, M, N, Plaintiff A, and Defendant, who are his/her children, and the heir is the Plaintiff C and Plaintiff D, E, and F, who are his/her children on November 23, 201.

M deceased on April 6, 2017, and the plaintiff G, H, and I succeeded to the net M's property.

The successors and equity shares of K are arranged as follows:

(K) The third father of K shall not separately take into account the deceased without the inheritor’s heir’s death. The deceased K’s maximum inheritance shares of the deceased K’s deceased deceased deceased deceased deceased, Plaintiff A’s deceased deceased deceased deceased deceased deceased, Plaintiff A’s deceased deceased deceased deceased deceased deceased deceased 1/61/6 Plaintiff B deceased deceased 1/61/66 deceased deceased deceased deceased deceased, Plaintiff C’s deceased deceased deceased deceased deceased deceased deceased 3/93/54 Plaintiff D’s deceased deceased deceased 2/92/54 Plaintiff E deceased 2/92/54 Plaintiff F deceased 2/92/94 Plaintiff F deceased 1/6 deceased deceased 3/73/42/72/72/42 of Plaintiff H deceased deceased 2/72/7 I deceased deceased 2/42/62/16/16/16/16/16/16/16/16/6 of deceased deceased children.

B. On April 22, 2014, N, Plaintiff A, C, D, E, F, network M, and the Defendant completed the registration of ownership transfer in N future due to inheritance due to an agreement division with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) and Q apartment R (hereinafter “instant apartment”) on the ground of inheritance other than Kimhae-si P, Kimhae-si (hereinafter “instant apartment”).

C. On June 5, 2014, N sold the instant apartment in KRW 169 million to S, and the registration of ownership transfer was completed on June 16, 2014.

The Plaintiffs filed a lawsuit against N and the Defendant claiming revocation and restitution of the instant real estate and apartment in the name of K, which is the inherited property of K, by deceiving the Plaintiffs, against N and the Defendant.

As a result, with respect to N, “N” shall implement the procedure for cancellation of ownership transfer registration completed with respect to 5/6 shares of each real estate listed in the separate sheet to the Plaintiffs, and shall be conducted to Plaintiffs A and B, respectively, KRW 28,16,66, KRW 9,388, KRW 888, KRW 9,388, Plaintiff D, E, and F.

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