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(영문) 서울북부지방법원 2015.11.24 2015나531
부당이득금(유류분)반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The net C had five children: (a) the first son, second son, second son, third son F, fourth son, fourth son, fourth son, and fifth son G, and the Defendant was the wife of D, and the Plaintiff was the wife of D.

B. Meanwhile, on December 17, 1999, the registration of ownership transfer was completed in the name of the network C with respect to the instant apartment (hereinafter “instant apartment”). On September 25, 2010, the deceased C died on June 6, 2009, the Plaintiff, E, F, and G drafted an agreement on the division of inherited property with respect to the said apartment (hereinafter “instant apartment”).

Accordingly, on November 8, 2010, the registration of ownership transfer was completed in D’s sole name due to the inheritance by consultation division with respect to the apartment of this case. D’s death on February 25, 2012, the registration of ownership transfer was completed in the Defendant’s sole name on April 6, 2012 due to inheritance by consultation division.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, 6, Eul evidence 1 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserted that, after the death of the deceased of the deceased of the deceased of the deceased of the deceased of the plaintiff, D, instead of giving up 1/5 of the plaintiff's inheritance shares in the above apartment, the plaintiff agreed that D, in the form of money, shall pay the plaintiff the total inheritance documents necessary for the registration of the transfer of ownership, and accordingly, D, even though D, even though the plaintiff delivered all the inheritance documents necessary for the registration of the transfer of ownership to D and the registration of the transfer of ownership was completed under D's sole name, on February 25, 2012 without paying the amount under the above agreement, D died on February 25, 2012.

(b) the judgment, the entries and images of the evidence Nos. 2 and 3 in the facts found earlier;

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