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(영문) 서울중앙지방법원 2017.09.29 2017가합521961
상속재산의 인도청구 및 취득세 등
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The status H and I of the parties are married married couple, and the Plaintiff, Defendant B, Appointed D and J were adopted as their children.

The defendants are married couple.

The Appointor E is the spouse of J, and the Appointor F and G are the children of J, and the J first died prior to the death of the I as seen below.

B. The preparation of a testamentary deed on each real estate listed in the attached list of H was made to I on February 10, 2009, and to Defendant B on each of the real estate listed in the attached list (hereinafter “each of the instant real estate”). At the time of I’s death, I prepared a testamentary deed with the content that each of the instant real estate is inherited by Defendant B alone (hereinafter “instant testamentary deed”).

C. On December 22, 2011, H drafted a written contract stating that “I shall donate each of the instant real estate to the Defendant” (hereinafter “instant donation contract”). On December 23, 2011, H completed the registration of transfer of ownership based on the gift contract of this case as Seoul Central District Court No. 76248 with respect to each of the instant real estate as to one-half shares among the instant real estate as to December 23, 201.

H and I’s death and inheritance relationship I died on July 22, 2016, and H died on November 7, 2016.

Plaintiff, Defendant B, Appointers D, E, F, and G (hereinafter “Appointeds”) succeeded to H’s inherited property at H 7:7:3:3:2:2.

[Ground of recognition] Facts without dispute, Gap 1, 2, 8, 9 evidence, Eul 1, 2 and 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion concerning the claim for cancellation of the registration of ownership transfer concerning each of the instant real estate is as follows: (a) arbitrarily affixed H’s seal or affixed H’s seal to H, taking into account the circumstances that the Defendants’ assertion is difficult to drive, or (b) Yongsan-gu Seoul, Yongsan-gu, Seoul, where the Defendants reside.

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