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(영문) 수원지방법원 2018.07.12 2016가단520498
인도청구의 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. C: (a) died on February 5, 2014 (hereinafter “the deceased”); (b) the Plaintiff, who is the deceased’s spouse (re-born on February 20, 1998), and the Defendant, D, and E jointly inherited the deceased’s property.

The plaintiff's share of inheritance is 3/9, and the defendant's share of inheritance is 2/9.

B. On July 30, 2012, the Deceased donated the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant on July 30, 2012, and completed each registration of ownership transfer in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. On May 27, 2016, the Plaintiff filed a lawsuit seeking restitution of forced inheritance on the following grounds: (a) the Plaintiff had legitimate right to possess the instant building; (b) the Plaintiff, as co-inheritors of the deceased, is the share ownership of the instant real estate; and (c) the Plaintiff is entitled to possess and use the instant real estate. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay unjust enrichment equivalent to the rent; (b) the Plaintiff’s written evidence Nos. 12, 13, and Nos. 1, 2016 and 2018495, against the Defendant, asserting that there was a forced inheritance on the instant real estate; (c) on May 29, 2018, the Plaintiff filed a lawsuit seeking restitution of forced inheritance on the ground that “the Plaintiff received cash from the deceased before his/her forced inheritance was donated to him/her, and thus, the Plaintiff did not have any special profit from his/her forced inheritance; and (d) the Plaintiff’s appeal was dismissed on the ground that the Plaintiff was dismissed.

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