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(영문) 서울동부지방법원 2020.05.22 2017가단137874
소유권이전등기말소 등 청구
Text

1. As to the plaintiffs, as to H 129 square meters in Gwangjin-gu Seoul Special Metropolitan City:

A. Defendant D is the Seoul Eastern District Court on September 11, 2017.

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) died on June 17, 2016, and his heir the Plaintiffs and Defendant D, J, K, and L (M’s spouse’s death before the deceased). Defendant E and G are children of the J.

B. On March 23, 2010, the deceased owned the registration of creation of a neighboring mortgage in the name of Defendant E, the mortgagee and Defendant D, and the maximum debt amount of which were KRW 100,000 on the instant real estate, and on August 27, 2010, the registration of creation of a neighboring mortgage in the name of Defendant E (hereinafter “instant first neighboring mortgage”) was completed on August 27, 2010, with the debtor as the deceased and Defendant D, and the maximum debt amount of KRW 60,000 in the name of Defendant G (hereinafter “instant second neighboring mortgage”) with respect to the instant real estate, respectively.

C. On March 5, 2013, the Deceased prepared a testamentary document stating that “I testamentary gift shall be bequeathed to Defendant D, the South-North of the instant real estate,” by No. 317, 2013.

(hereinafter “instant will.” Defendant D completed on September 11, 2017, the deceased’s ex post facto transfer of ownership on the instant real estate (hereinafter “instant ownership transfer registration”) on June 17, 2016.

On August 24, 2017, Defendant D sent to the Plaintiffs, including the Plaintiffs, a content-certified mail stating that “The inheritance tax on the instant real estate shall be apportioned to each inheritance share, and then, Defendant D, a major child in dividing the instant real estate that is an inherited property, shall be distributed 50% in consideration of the contributory portion, and the remaining siblings shall be apportioned equally among 50% by deducting the secured obligation of each of the instant real estate from the secured obligation.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, and 7, and Eul evidence 1 to 3 (including virtual numbers) respectively.

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