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(영문) 광주지방법원 2018.10.12 2016가단533332
유류분청구의 소
Text

1. The Defendant’s KRW 14,312,286 as well as the Plaintiff’s annual rate from February 3, 2017 to October 12, 2018.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on December 20, 2015.

The deceased’s inheritors had spouse D and children E, the Defendant, the Plaintiff, F, G, and H, and the F renounced inheritance.

B. On May 28, 2014, the Deceased: (a) a notary public, on May 28, 2014, prepared a notarial deed (hereinafter “instant notarial deed”) stating that part of his/her property shall be bequeathed to his/her heir on the law firm Locom No. 706; and (b) the notarial deed in the instant case states that “The shares of 9/10 out of each real estate of 1256m2 and 870m2 of J fishing grounds shall be bequeathed at the rates of 2/10, 4/10, 10, 4/10, 7, and H 1/10; and (c) the Defendant shall be held liable solely for the debt he/she received by setting up the real estate bequeathed by the deceased to the Defendant and the two fishing grounds of this case.

C. The deceased C owned a deposit amounting to KRW 93,029,865 in addition to several parcels of land at the time of death, KRW 47,50,00 in size, and KRW 468,346,40 in size within the instant fish farm.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6-1, Gap evidence 8, Eul evidence 9, the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) at the time of the death of the Deceased, the Plaintiff owned the 293,029,865 won deposit, 47,50,000 won car, and 468,346,400 won in quantity (the sum amounting to KRW 808,876,265) and the Defendant either individually used, benefiting from, and disposed of the above inherited property, thereby making it impossible to restore it to its original state; (b) the Defendant made a claim for restitution of unjust enrichment against the Plaintiff; (c) however, the Plaintiff shall be deemed to have filed a claim for restitution of unjust enrichment against the Plaintiff.

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