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(영문) 춘천지방법원원주지원 2015.01.08 2013가단11972
상속회복 등
Text

1. The Defendant: (a) KRW 5,879,227 for each of the Plaintiffs, as well as KRW 5% per annum from December 10, 2014 to January 8, 2015; and (b).

Reasons

1. Facts of recognition;

A. The network E (hereinafter “the deceased”) established G, H, and I as a child between the network F and the deceased, and G was a child between J and the deceased in around 198. Since G was divorced from J around 2010, G died in around 2011.

B. From around 2000, the Deceased died on June 1, 2013 while living together with the Defendant and maintaining a de facto marital relationship.

C. On Nov. 30, 2002, the deceased, on Nov. 30, 2002, completed the registration of ownership transfer under the name of the defendant with respect to K Apartment No. 202 and 401 on Apr. 4, 202 (hereinafter “the apartment of this case”) owned by the defendant, and around April 29, 2013, the deceased donated the defendant KRW 290,000,000 out of the purchase price of the land and its ground buildings at the original city.

At the time of the deceased’s death, the deceased has each deposit claim of KRW 404,183 (the sum of the principal KRW 403,633) and the original credit cooperative of KRW 183,769,720 (the sum of the principal KRW 183,715,209 and interest KRW 64,431) with respect to the original agricultural cooperative (the sum of the principal KRW 183,715,209 and interest KRW 64,431). There was no inheritance obligation.

E. On July 31, 2013, H and I withdrawn KRW 404,183 of the deceased’s deposit in the name of the original agricultural cooperative from the original agricultural cooperative, and the Plaintiffs, H and I withdrawn KRW 183,769,720 from the original credit cooperative on August 2, 2013, and distributed the same by inheritance shares.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including branch numbers, if any), each of the original agricultural branch offices and original credit cooperatives of this Court's order to submit financial transaction information to the original agricultural branch offices and original credit cooperatives, and the purport of the whole pleadings

2. Judgment on the plaintiffs' claim for restitution of forced portions

A. The plaintiffs are the inheritors of the deceased, and when there is a shortage of legal reserve of inheritance due to the donation made by the deceased against the defendant, the plaintiffs can claim the defendant to return their property to the extent of the shortage.

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