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(영문) 의정부지방법원 고양지원 2018.01.26 2016가합71556

유류분반환 청구

Text

1. The Plaintiff:

A. Defendant B’s KRW 94,803,002 as well as 5% per annum from April 29, 2016 to January 26, 2018.

Reasons

1. Basic facts

A. The status and relationship between the parties, etc. 1) D (hereinafter “the deceased”).

A) On April 9, 1956, the deceased married with E on April 1, 1956, and left B as his child. 2) The deceased divorced from E on January 11, 1966, and married with F on July 2, 1968, and left G as his child.

3) On the other hand, as long as the period of time has not elapsed from the above marriage, F went out, and the Deceased was in a de facto marital relationship with H around 1969 with H as his children, and I was in a de facto marital relationship with H. The Deceased divorced from F on September 12, 1981, and married with H on October 12, 1981. (iv) The Deceased was divorced from H on July 12, 2013, and did not resume until the time of death.

5) Meanwhile, in 190, the deceased was in a de facto marital relationship with J around the early 199 and left the Plaintiff as his children among the two children. 6) Ultimately, the deceased had four children of Defendant D, G, I, and the Plaintiff.

Defendant C was married with Defendant D on May 7, 1985, and is the deceased’s shot.

7) On December 4, 2015, the Deceased died. (B) The Plaintiff drafted a written renunciation of forced inheritance on February 5, 2016, which was the death of the Deceased, at the certified judicial scrivener office operated by the certified judicial scrivener L, who was in K on February 5, 2016, and issued to the Defendant B a written renunciation of forced inheritance (a evidence No. 4, accompanied by a certificate of personal seal impression) with the following contents:

'A evidence No. 4 of the renunciation of Legal Reserve of Inheritance A' Defendant B Ha

1. On December 4, 2015, I, as the inheritor of the Deceased who died on December 4, 2015, receive no more than 40,000,000 won and waives his/her entire legal reserve of inheritance.

2. Accordingly, I agree that I will not exercise any right with respect to inheritance rights and legal reserve as an heir in the future.

[Reasons for Recognition] The entry of Evidence Nos. 1, 2, and 4, the witness L's testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

(a) Shortage in the method of calculating shortage in the legal reserve of inheritance = [A] amount of property forming the basis for calculating the legal reserve of inheritance 】 ratio of the person with the legal reserve of inheritance (B) - special benefit (C) of the person with the legal reserve of inheritance - the person with the right to the legal reserve of inheritance.