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(영문) 부산지방법원동부지원 2016.11.25 2015가합105031
소유권말소등기
Text

1. As to each of the Plaintiffs’ KRW 46,772,636 and KRW 15,00,000, respectively, Defendant C shall start on November 21, 2014, and each of them shall be 25.

Reasons

1. Facts of recognition;

A. The deceased on June 3, 2012, and the deceased on June 3, 2012, the deceased’s heir of the network E is the Plaintiffs, the Defendants, and F.

B. The plaintiffs and G are children of the network E.

G was married with F on May 16, 1981, and the Defendants are children of G.

G died on February 7, 2003

C. On February 27, 2004, the network E drafted a testamentary document (No. 463 of 2004, a document prepared by our law firm) containing a testamentary gift of 1/2 shares in attached Forms 1 and 2 to the Defendants (hereinafter “instant testamentary gift”).

The network E was missing on June 3, 2007.

E. On July 27, 2012, Defendant C filed an application for adjudication of disappearance of deceased E with the Busan Family Court Decision 2012Ra2385.

On July 4, 2013, the court rendered a declaration of the disappearance of the deceased E.

On June 3, 2012, the adjudication of disappearance became final and conclusive on August 15, 2013.

F. The Defendants completed the registration of ownership transfer based on each legacy with respect to 1/2 shares among the real estate listed in attached Forms 1 and 2 on October 11, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 6-1, 2, Eul evidence 1-1, 2, Eul evidence 2, 2-4, Eul evidence 5-1, 2, Eul evidence 5-1, 7-1 through 3, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiffs’ assertion 1) The Network E died on June 3, 2012. On February 27, 2004, the network E prepared a testamentary document and bequeathed 1/2 shares of each of the real estate listed in the attached Tables 1 and 2 to the Defendants, thereby infringing on the legal reserve of inheritance of the Plaintiffs, who are co-inheritors of the network E. The value of the attached real estate is KRW 605,857,500. The Defendants received a testamentary gift of 1/2 shares of each of the real estate listed in the attached Tables 1 and 2. As the Defendants received a testamentary gift of 50,48,125 won each of the real estate listed in the attached Tables 1 and 2 (i.e., KRW 605,857,500 x legal reserve of inheritance 1/6 x 1/2) and delay damages therefrom at the time of the authentic will.

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