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(영문) 서울고등법원 2015.12.18 2014나33019
유류분반환
Text

1. The plaintiffs' appeal against F, which is the litigant of defendant D and the defendant network E, and F, the litigant of defendant D and defendant network E.

Reasons

1. Basic facts

A. G’s death and family relationship G were deceased on January 5, 2012

(Therefore, G is referred to as “the deceased”). At the time of the deceased’s death, H was already dead in 1998 (hereinafter “the deceased’s H”), and there was the Plaintiffs, Defendant D, and E as the deceased’s children.

On the other hand, the spouse of Defendant D was Defendant I, Defendant J and K as his child, and Defendant F as his spouse, and Defendant F as his child, and Defendant M and Defendant L as his child.

The Plaintiffs, Defendant D, and E were co-inheritors with respect to the deceased’s property as the deceased died.

After that, E died on July 2, 2012.

Therefore, according to the death of E, Defendant F, L and Nonparty M became co-inheritors with respect to the property of the deceased E.

However, on September 25, 2012, Defendant L and Nonparty M reported to the Seoul Family Court to waive inheritance of the deceased E’s property, and received judgment on December 4, 2012. Defendant F reported the qualified acceptance of inheritance of the deceased E’s property to the said court on September 28, 2012, and received the said judgment on December 14, 2012.

Each of the above repair trials was finalized around that time.

B. At the time of the deceased’s death, the deceased held claims for return of KRW 29,170,514 against the Korea Exchange Bank at the time of his death, KRW 5,260 against the Industrial Bank of Korea, KRW 19,300,255 against the Han Bank, and KRW 1,153,331 against the Agricultural Cooperatives Federation and the Pakistan.

There was no active or negative property for the deceased.

[Ground of recognition] In the absence of dispute, Gap's evidence 2-1, 2, 3, Eul's evidence 3, Eul's evidence 3, Eul's evidence 4-1, 2-2, corporate bank, foreign exchange bank, Nonghyup's Federation, and one bank's each order to submit financial transaction information, the whole purport of the arguments is as follows:

2. This part of the judgment as to the primary claim against the F, which is the lawsuit acceptance of the plaintiff C's defendant D and the defendant E.

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