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(영문) 서울중앙지방법원 2019.08.23 2017가단5131960
유류분반환 청구의 소
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

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

Reasons

1. The Defendants, other than the Plaintiff and Defendant B, are children of G who died on July 17, 2016, and Defendant B is the spouse of G.

G, on June 17, 2016, G prepared a testamentary document stating that real estate Nos. 1 and 10 real estate Nos. 2 through 9 (1/5 shares in real estate Nos. 9) will each be bequeathed (hereinafter “instant testamentary gift”) to Defendant F, and Defendant C, D, E, and F in equal rates.

Accordingly, Defendant B, after the death of G, completed the registration of ownership transfer by testamentary gift on July 17, 2016, with respect to the real estate Nos. 2 through 8, as to the remaining Defendants’ share 1/4 among the real estate Nos. 1/4, and 1/20 among the real estate No. 9, and Defendant F completed the registration of ownership transfer by testamentary gift on July 17, 2016.

2. The assertion and judgment

A. On December 2015, the Plaintiff was suffering from memory and speech disorder after G was under stressed on December 2, 2015. On March 23, 2016, the Plaintiff discharged on June 13, 2016, after being hospitalized in a H hospital, it was impossible to treat any longer due to cerebral dys, etc., and thereafter discharged on July 17, 2016. In light of the above, the Plaintiff asserted that the instant legacy was null and void since he/she had no normal ability to determine and have no mental capacity at the time of preparing a notarial will on June 17, 2016.

In full view of the results of the request for appraisal of medical records and the testimony of the witness I, it is insufficient to recognize that G was in a state with no normal judgment and mental capacity at the time of preparation of a testamentary document only with the descriptions of Gap 9-1 through 16, Gap 10 through 12, and there is no other evidence.

Therefore, the plaintiff's defendants are the defendants.

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