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(영문) 서울북부지방법원 2018.12.04 2018나30878
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 18, 2011, F became the co-inheritors (hereinafter “H”) of the Plaintiffs, the Plaintiffs, the Defendants (Nam), the co-defendants E in the first instance trial (hereinafter “E”), and the co-defendants H in the first instance trial (hereinafter “H”) who died on the death of February 18, 201.

(hereinafter “F”) On the other hand, G died around July 2016 and became the final co-inheritors by the Plaintiffs, Defendant, E, and H, who were their children.

B. At the time of death, the Deceased had possession of five parcels including each of the instant real estate.

C. On March 15, 2011, the five parcels of the above five parcels, excluding the real estate No. 2 of the instant case, were solely owned by the Defendant. Of the immovable property No. 2 of the instant case, the 661/140 shares H, 330/140 shares HA, 449/140 shares, and the remaining 449/140 shares were jointly owned by the Defendant. The agreement on the division of inherited property with the seal impression of 7 co-inheritors of the deceased (hereinafter “the agreement of this case”).

With respect to the instant real estate No. 1 on March 29, 2011, the registration of ownership transfer was completed to the Defendant on the grounds of inheritance due to a consultation or division as of February 18, 2011, and the registration of ownership transfer was completed to the Defendant on the grounds of inheritance due to the inheritance due to a consultation or division as of March 16, 2011, with respect to the instant real estate No. 2 on the grounds of inheritance due to a consultation or division as of February 18, 2011, the Defendant shall be the Defendant; with respect to the shares of 449/140 among the instant real estate No. 2 on the grounds of the inheritance as of February 18, 2011, the

(hereinafter referred to as “each registration of ownership of this case” in the name of the defendant with respect to each real estate of this case.

Meanwhile, after the death of the deceased, the Defendant, a South Korean decedent, actually managed the NongHyup account in the name of the deceased, and on March 15, 2011, a sum of KRW 62,943,984 (= KRW 10,438,559 KRW 10,438,540 KRW 31,091,663,88 KRW 9,113,332) was withdrawn.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, and Eul evidence 1.

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