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(영문) 서울중앙지방법원 2016.12.20 2014가단5086458
유류분반환
Text

1. As to the portion of each of the real estate listed in the separate sheet No. 1 with respect to Defendant D and E, respectively, to Plaintiff A.

Reasons

1. Facts of recognition;

A. The relationship between the parties ① The deceased on March 24, 201, and the deceased on March 24, 201, Plaintiff B and C, who are their successors, are children.

② The deceased H (Is; hereinafter referred to as “the deceased”) died on March 16, 2014 due to her aftermath in the process of being hospitalized by causing an acute bladulosis and resulting in hospitalization.

The Deceased, including net G, Defendant F, and D, had six children, and his wife died before the Deceased.

③ Defendant E is the wife of Defendant D.

B. On September 20, 201, the Deceased of each real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) prepared a testamentary document with the content that he/she will testamentary gift of No. 1 to Defendant D and E by a notary public L, while participating in J and K on September 20, 201.

(Seoul Dong District Public Prosecutor's Office No. 1521, 201; hereinafter referred to as "first legacy").

On January 9, 2014, the Deceased was hospitalized through an emergency room in the name of the diagnosis of “indiculatory cryposis, face diagnosis.”

In February 6, 2014, the Deceased withdrawn testamentary gift and prepared a new testamentary deed, visited LO Office of a notary public by going out of the hospital.

Witness

In the presence of M and N, a notary public made a testamentary deed (No. 123, 2014; hereinafter “second testamentary gift”) stating that the first real estate shall be bequeathed one-half each to Defendant D and E, and (2) a testamentary deed (No. 124, 2014; hereinafter “third testamentary gift”) stating that each real estate listed in the separate sheet No. 2 (hereinafter “second real estate”) shall be bequeathed to the Defendants one-third each to the Defendants.

The Deceased signed a document stating that he would withdraw a testamentary gift No. 1 on the same day.

E. The registration of ownership transfer by Defendant D and E is the registration of ownership transfer based on a testamentary gift dated March 16, 2014, which was received from the Seoul Central District Court No. 14142 with respect to each one/2 of the first real estate on March 28, 2014.

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