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(영문) 서울고등법원 2020.06.18 2019나2038534
상속재산반환 등
Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff (appointed party) shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. The relevant network D and its wife (hereinafter “the network”) of the Parties married to the Plaintiff, the Appointor, the Defendant, and the network F.

The F died earlier than D and E, G is the spouse of F, and H and I are F children.

B. On August 25, 2015, the Defendant leased L apartment M (hereinafter “instant apartment”) located in K in Dongjak-gu Seoul Metropolitan Government as the lease deposit (hereinafter “instant lease deposit”) from J on August 25, 2015, and the Deceased resided in the said apartment from October 26, 2015 with his family.

C. On February 10, 2009, the deceased’s preparation of a notarial deed and donation 1) The deceased’s each real estate listed in the separate sheet owned on February 10, 2009 (hereinafter “instant real estate”).

(2) On December 22, 2011, the Deceased prepared a written contract stating that “The present real estate shall be donated to the Defendant and N,” and on December 23, 201, the Defendant and N (hereinafter referred to as “the present donation contract”) made the registration of transfer of ownership as to each of the instant real estate portion 1/2 of the instant real estate to the Defendant and N (hereinafter referred to as “the Defendant”) on December 23, 201.

1) The deceased died on July 22, 2016, and the deceased died on November 7, 2016, respectively. 2) Accordingly, the Plaintiff, the designated person (hereinafter referred to as the “Plaintiffs”), the Defendant, G, H, and I, who are the inheritor, were the deceased’s inherited property 7: 7: 7: 3: 2:2.

【Ground for recognition” without any dispute, Gap evidence 9, Eul evidence 1-2, Eul evidence 14 and 16, the purport of the whole pleadings

2. Summary of the assertion by the plaintiff and the selected person

A. The instant case.

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