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Reasons
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(영문) 서울중앙지방법원 2015.01.15 2014가단29375
소유권이전등기
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1. The Plaintiff:

A. As to 3/20 shares of each real estate listed in the separate sheet, Defendant C shall:

B. Defendant F shall be.

Reasons

1. Common factual relations;

A. Defendant B is the wife of H (hereinafter “the deceased”), and Defendant C, D, E, F, and G are the offsprings of the deceased.

B. On March 16, 2001, the Deceased entered into a sales contract with the Plaintiff and each of the real estate listed in the separate sheet, the ownership of the Deceased (hereinafter “instant real estate”) at KRW 136,00,000 (hereinafter “instant sales contract”).

C. On August 30, 2012, the Deceased drafted a testamentary note to the effect that Defendant C succeeds to 15% (=3/20), Defendant F’s 45% (=9/20), Defendant G succeeds to 35% (=7/20), and legacy the remainder of 5% (=1/20) to the Plaintiff (hereinafter “instant testamentary note”).

The will of this case was signed and sealed by the deceased on his specialty, date, address, name, etc.

Defendant G, while keeping the instant testamentary book, applied for the approval seal of the instant testamentary book on March 11, 2014, which was after the death of the deceased. On March 11, 2014, the said court drafted a protocol of inspection of the testamentary book on March 11, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and 16 (the above plaintiff and defendant B, D, E, F), confessions (the plaintiff and defendant C, and G)

2. The Plaintiff asserts that, as the Plaintiff succeeded to the property of the deceased, Defendant B, D, and E, the said Defendants are obligated to perform the registration procedure for transfer of ownership in accordance with the instant sales contract regarding the statutory shares of inheritance among the instant real property.

However, the deceased bequeathed 1/20 of the instant real property, inherited property, to the plaintiff, and the remaining 19/20 shares are determined to be divided into Defendant C, F, and G among the inheritors.

Therefore, Defendant B, D, and E inherited the instant real estate from the deceased, as against the said Defendants.

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