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(영문) 인천지방법원부천지원 2019.06.28 2018가합104336
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. At the commission of the Defendant’s father D (hereinafter “the Deceased”) (the Defendant: the Defendant) and E law firm, upon the commission of the Defendant, a notary public drafted the No. 00278 on June 19, 2013 a notarial deed of monetary loan loan contract (hereinafter “instant notarial deed”) (hereinafter “instant notarial deed”). The main contents are as follows: “The Defendant lent KRW 1170,000 to the Deceased on April 8, 2013, and the period of reimbursement is as of June 30, 2013, and the interest rate is 25% per annum.” The Deceased is aware that there is no objection even if he was immediately subject to compulsory execution when he did not perform the said obligation.”

B. On February 22, 2016, the Deceased died, and the Defendant, the Plaintiffs, G, and H (the respective shares of inheritance 2/13) inherited the deceased’s property, which are their wife F (the shares of inheritance 3/13) and their offsprings.

Accordingly, with respect to the land of this case, 15.2 square meters, which was registered in the name of the deceased of this case at the time of the commencement of the above inheritance (hereinafter “the road of this case”), and the land of 1,250 square meters and 410 square meters in JJ of Gangseo-gu Seoul Metropolitan Government as to the land of this case (hereinafter “the land of this case”), each of the above inheritors, who was registered in the name of the deceased of this case on November 22, 2017 and caused inheritance on February 22, 2016, has completed the registration of transfer of ownership due to the above inheritance shares in the above inheritance under the name

C. On December 5, 2017, the Defendant received an execution clause for succession to the remaining persons except for himself/herself among the above inheritors, and applied for a compulsory auction with a claim amount of KRW 30 million to the portion of shares of the land of this case by the remaining inheritors in this court (hereinafter “instant auction”), and received a decision to commence the compulsory auction of real estate on December 20, 2017.

The Plaintiffs, as active property of the Deceased, stated “road land of this case” as active property of the Deceased, and “the Defendant’s obligation to borrow KRW 1170,000,000 to the Defendant” as a small property, filed a qualified acceptance on February 13, 2018, and the said report on April 11, 2018.

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