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(영문) 서울북부지방법원 2016.06.08 2013가합21837
등기말소등
Text

1. The defendant,

A. As to Plaintiff A, KRW 174,562,382 and KRW 97,250,205 among them, the amount of KRW 174,562 and KRW 74,205 from January 24, 2015.

Reasons

1. Basic facts

A. The Plaintiff A, as a party, has a third-class mental disorder as the wife of the deceased E (the deceased’s heart disease on December 3, 2010; hereinafter “the deceased”). The Plaintiff B (FF) is his/her father, and the Defendant is his/her wife in Seoul Special Metropolitan City, Nowon-gu, where the Deceased attends.

B. On January 27, 2010, the Deceased in a testamentary document prepared a testamentary gift (hereinafter “instant testamentary gift”) in which a notary public, on the part of the law firm North Deputy Law Office No. 156, a notary public, prepared a testamentary gift (hereinafter “instant testamentary gift”) stating that the deceased and the plaintiffs resided in the building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant lease deposit”), 2,466 square meters (hereinafter “instant land”), 3,363 square meters (hereinafter “instant No. 2”), L 1,456 square meters (hereinafter “instant third land”), and L 1,456 square meters (hereinafter “instant testamentary gift”) bequeathed to the defendant. The said notarial deed is referred to as “instant testamentary gift,” and the said notarial deed is referred to as “instant notarial deed”).

C. After drawing up the notarial deed of this case, the deceased prepared a notarial deed of this case with the content that "the defendant will testamentary gift to the defendant in return for the plaintiff's entire property in return for the plaintiff's obligation to educate the plaintiff A and marriage until the time when the plaintiff A was present" (hereinafter referred to as "the notarial deed of this case"). The notarial deed of this case does not contain the date.

After the death of the deceased, the Defendant completed the registration of ownership transfer on December 3, 2010 with respect to the land of this case Nos. 1, 2, and 3, and on March 16, 2012, the registration of ownership transfer was completed on the ground of testamentary gift, and on March 16, 2012, the registration of establishment of a neighboring maximum debt amount of KRW 80 million was completed on the respective land of this case

M applied for a voluntary auction on each of the above real estates, and the land No. 2 of this case was awarded to N and the registration of transfer of ownership in the name thereof on January 17, 2013, and the land No. 3 of this case to O.

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