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(영문) 서울중앙지방법원 2014.05.28 2013가단5056375
상속회복청구 등의 소
Text

1. The defendant shall be the plaintiff.

(a) As to shares of 2/8 of each of the real estate listed in the separate sheet, respectively.

Reasons

1. Facts of recognition;

A. C’s death on October 10, 2012: (a) the Plaintiff, the Defendant, and D’s succession to his or her property jointly by the Plaintiff, the sibling, and the Plaintiff, the Defendant, and D’s succession to E, F, and G’s succession to the property.

(The legal portion of the Plaintiff and Defendant B’s inheritance is 2/8, E, F, H, and I’s statutory share of inheritance, respectively, 1/8).

On December 4, 2012, and January 4, 2013, the Defendant prepared a written agreement on division of inherited property with the purport that the above deceased’s real estate and financial property shall belong to the Defendant, and signed and sealed the Plaintiff’s seal imprinted by the Defendant in advance following the Plaintiff’s name.

C. On January 8, 2013, the Defendant completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) due to inheritance due to consultation or division under the name of the Defendant, on January 8, 2013, with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”), which is the inherited property of C, in the order of the attached sheet (hereinafter “the instant real estate”), and received KRW 102,361,163 in total, KRW 15,50,000,000,000,000 won per deposit for the instant real estate (hereinafter “instant real estate”), and KRW 5,000,000,000 won per deposit for the instant real estate (hereinafter “the instant real estate”), and KRW 5,000,000,000,000 won per deposit for the instant real estate (hereinafter “the instant real estate”), and KRW 5,303,000,00,000,000 for each of the instant real estate.

[Reasons for Recognition] A without dispute, entry of Gap 1 to 10 evidence, the Nonghyup Bank of this Court, and the result of each order to submit financial transaction information to Korean banks, the purport of the whole pleadings

2. Determination

A. Division of inherited property by an invalid consultation on the division of inherited property shall be effective with the consent of all co-inheritors, and some of co-inheritors shall be effective.

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