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(영문) 서울서부지방법원 2016.08.24 2016가단6012
유류분반환
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

As the plaintiff (Appointed) alleged by the parties and the decision party, they bequeathed the real estate of this case to the defendant, the defendant asserts that the plaintiff (Appointed party) who is the person entitled to legal reserve of inheritance of this case is liable to perform the registration procedure for transfer of ownership on 2/70 shares to the plaintiff (Appointed party) who is the person entitled to legal reserve of inheritance of this case, the defendant asserts that the right to claim the return of legal reserve of this case has expired by prescription or there is no right to claim the return of legal reserve

Judgment

Facts of recognition

The deceased E (hereinafter “the deceased”) married with the deceased F (the deceased on September 29, 1993) who is the spouse, and had five children, including G, the Defendant, H, I, the deceased (the deceased on July 5, 1994), and the Plaintiff (Appointed Party) is the wife of the deceased J, the Appointed C, and D.

After the deceased’s death, the deceased et al.’s inheritors, et al. opened the deceased’s will on March 21, 2014 at the intersection of the Korean bank, which had been in custody of the deceased’s will on December 4, 2008. Of which, on March 5, 2009, a notary public, on the part of the deceased’s death, succeeded to the Defendant, 1/2 of the deceased’s entire property, 1/2 of the deceased’s inheritance to the Defendant, Ha, G, C, K, L, and E, and the rest of 1/2 of the deceased’s inheritance. However, the Defendant’s inheritance, and the Defendant’s sale of the leased profit accrued from the instant real property and the purchase price of the instant real property to the deceased, indicated the content of the deceased’s payment to the deceased, H, G, C, D, and M, by dividing, dividing, and dividing, the deceased’s previous property into H, G, G, K, and E.

On March 29, 2014, the deceased’s successors, including the Plaintiff (pre-party), were gathered again to prepare an agreement on inheritance, and the copy of the will of this case, and I said that “I would like to add 20% to the principal, but I would have given up 20% and received more than 5%.

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