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(영문) 수원지방법원 2016.09.06 2015가단132719
상속지분 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 21, 1970, the defendant adopted D in order to link the Korean War with the large Abandoned Abandoned B, who died, but he heard that he may receive benefits as a child of distinguished service to the State only by being written by the adopted adoption of the network C in the public record book, and then again received a consultation strike on February 15, 1979.

3. On 19. The deceased C was adopted as the post-helper, and the defendant is a child born between D and C.

B. D’s death on September 6, 201 (hereinafter “the deceased”) and succeeded to the property of the Plaintiff and the Defendant. Until the deceased died, D had lived with the deceased for a long time and paid the deceased’s medical expenses or property tax on behalf of the deceased.

C. (1) On May 26, 2010, Pyeongtaek-si, the deceased’s possession, obtained a consultation of KRW 142 square meters, KRW 3 square meters in F-road (8/13 in shares of the network), and KRW 23 square meters in G. On June 10, 2010, Pyeongtaek-si deposited the compensation amount of KRW 97,626,570 in the financial account under the deceased’s name (hereinafter “instant compensation”).

(2) On June 10, 201, from the financial account under the above deceased’s name, KRW 50 million was deposited in the account under the Defendant’s name, and KRW 20 million was deposited in the national bank account, respectively. On June 21, 201, KRW 97,627,000 was deposited in the above one bank account.

The Defendant filed a claim against the Plaintiff for determination of the entitlement to contributory portion, as Suwon District Court Decision 2014Dhap201, and the said court rendered a judgment dismissing the Defendant’s claim for determination of entitlement to contributory portion on September 1, 2015. The Defendant appealed with Seoul High Court 2015B356, but the said court dismissed the Defendant’s claim for determination of entitlement to contributory portion on June 17, 2016, and the said judgment became final and conclusive on July 2, 2016.

E. (1) Meanwhile, the deceased owned a 14m2, 14m2, 1m2, 49m2, and J 147m2, and each land was acquired through consultation on March 4, 2004, and each of the above lands was acquired through consultation on March 22, 2004, and KRW 57,820,000, and the same year.

7. The National Bank in the name of the Deceased, in total of KRW 61,950,00,000, including April 130, 211, as compensation.

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