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(영문) 서울고등법원 2017.08.22 2017나2012569
가등기말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B’s south of the Republic of Korea of E (hereinafter “the deceased”), Defendant C’s son and female, and the Plaintiff’s son and wife, and Defendant D’s son and wife is the Plaintiff’s husband and wife.

B. On May 15, 2006, the Deceased prepared a testamentary document stating that the share of 2/5 of the real estate listed in the separate sheet and that of 190.7 square meters in Seoul Jung-gu F, Seoul (hereinafter “instant testamentary gift property”) shall be given to Defendant B, and that the share of 3/5 shall be given to the Plaintiff, Defendant C, and D each, one-fifth share of 1/5, respectively (hereinafter “first testament”).

C. On April 29, 2010, the Deceased drafted a testamentary deed stating that the instant testamentary gift will be bequeathed to the Plaintiff (hereinafter “second testament”). D.

The Defendants completed the provisional registration of the right to claim partial transfer of ownership of 1/5 shares (hereinafter “the provisional registration of this case”) by the Seoul Northern District Court’s Northern District Court’s receipt of the instant legacy No. 71517, Aug. 17, 2012, on the ground of the same day (hereinafter “the instant promise”) and the provisional registration of the right to claim partial transfer of ownership of 1/5 shares (hereinafter “the instant provisional registration”). The Defendants completed the registration of partial transfer of ownership of 1/5 shares (hereinafter “the instant testamentary registration”) of the said registry office as of April 11, 2014, as of February 27, 2014, Defendant B 2/5, Defendant C, and D on the ground of testamentary gift as of February 27, 2014 (hereinafter “the instant testamentary gift”).

E. Meanwhile, on June 25, 2015, the National Bank Co., Ltd. received a decision to voluntarily commence the sale of the said real estate, which was f.190.7 square meters in Seoul Central District Court M. on the instant testamentary gift on June 25, 2015, and the auction procedure was conducted on the said real estate. On July 6, 2016, N awarded a successful bid on the said real estate on July 18, 2016, and completed the procedure for ownership transfer registration on the ground of sale by voluntary auction on July 18, 2016, and on July 18, 2016, the provisional registration of the instant provisional registration was revoked.

F. It shall be distributed to the owner in the distribution procedure of the Seoul Northern District Court M&D auction case.

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