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(영문) 서울중앙지방법원 2018.07.23 2016가단5040593
소유권이전등기말소
Text

1. Defendant C:

A. As to one-third share of the real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant C are the successors of the deceased E (the deceased on May 24, 2015, hereinafter “the deceased”).

B. On September 20, 2011, a testamentary document was drawn up by a notary public to the effect that “the deceased testament shall testamentary gift to Defendant C the real estate listed in [Attachment 1 and 2] in [Attachment 1 and 2]” (hereinafter “notarial deed of this case”).

C. On December 1, 2014, a testamentary document was drawn up by a notary public to the effect that “the deceased withdraws the testamentary gift made by the instant one will” (hereinafter “instant two will document”) under Article 182 of the G deed No. 2014.

Defendant C completed on August 12, 2015 with respect to the instant real estate on the basis of the No. 1 will document of this case, and on August 13, 2015, on August 13, 2015, the registration of ownership transfer under the name of Defendant C (hereinafter “instant registration of transfer”).

E. As to the instant real estate 1, Defendant D Co., Ltd. (hereinafter “Defendant D”) completed the establishment registration of a mortgage on November 16, 2015, consisting of the maximum debt amount of 180,000,000,000. The Defendant Republic of Korea completed the establishment registration of a mortgage on each of the instant real estate, on February 16, 2016, with a view to permitting the Defendant C to pay annual inheritance tax in annual installments, and securing the payment of tax, KRW 180,000,000, the maximum debt amount of the creditor C, and the registration of the establishment of a mortgage on each of the instant real estate that

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 4 evidence, Eul 1 to 3 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiffs’ assertiond the deceased’s withdrawal of the testamentary gift by the notarial deed of this case by preparing the notarial deed of this case, the instant 1 and 2 real estate are the inheritor’s inherited property, and the registration of transfer of this case’s shares in inheritance among the above real estate has been completed without any cause.

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