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(영문) 서울중앙지방법원 2021.03.11 2018가합583997
소유권이전등기
Text

The Defendant, as the Plaintiff

A. As to shares 54,933,322 of the real estate listed in Attachment List No. 1, 245,966,400 among the real estate listed in Attachment List No. 1,

Reasons

Facts of recognition

A. The Plaintiff was adopted on February 19, 1982 to the deceased C (hereinafter “the Deceased”) and was dissolved on May 13, 1998, and was re-adopted on June 21, 201.

On November 27, 1963, the defendant reported as the natural father of the deceased, and cancelled his natural father's report on November 1, 1997, and was adopted to the deceased on December 13, 201.

B. On September 7, 2015, the Deceased, a witness D and E, a notary public, at any time on September 7, 2015, sent 60% of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant, 35% to the Plaintiff, and 5% to the G church, respectively, on the basis of the Franchis No. 291, 2015 No. 2015, a notary public drafted “the preceding will of this case” (hereinafter “the preceding will”).

(c)

On October 25, 2016, the Deceased bequeathed to the Defendant all of the instant real estate and all the deposit claims in the name of the Deceased’s name (hereinafter “in accordance with the context”) by a notary public, at the seat of H and I, on October 25, 2016, pursuant to the deed of process No. 303 set up by J, No. 2016.

(d)

The Deceased died on July 15, 2018.

At the time of death, only the Plaintiff, Defendant, and each of the instant real estate and deposits in the name of the Deceased (i.e., K Bank (L), 2 M Bank (N), 3 M Bank (O), 4 P Bank ( Q.), hereinafter referred to as “each of the instant deposits was called “,” and “in accordance with the said sequence at the time of individual name,” respectively.

E. On July 30, 2018, the Defendant: (a) completed the registration of transfer of ownership on the real estate No. 1,2, and 3 on July 31, 2018 (hereinafter “instant transfer registration”) on July 31, 2018; and (b) withdrawn KRW 1,249,128,739 in total from each of the instant deposit accounts from July 27, 2018 to August 1, 2018 (i) KRW 20,07,140, KRW 30,000, KRW 13,262,658, KRW 497, KRW 491,927, KRW 491,927).

[Reasons for Recognition] There is no dispute;

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