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(영문) 서울서부지방법원 2018.01.09 2016나3915
유류분반환
Text

1. All appeals by the plaintiff (appointed party) and the claims added in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) married with the deceased F (the deceased on September 29, 1993) who is the spouse, and had five children, including G, the Defendant, H, I, the deceased on July 5, 1994, and the Plaintiff’s wife, Appointor C, and D are children of the deceasedJ.

B. As the deceased died on March 18, 2014, on March 21, 2014, the co-inheritors including the plaintiff and the defendant opened a testamentary document prepared by the deceased on March 21, 2014 and discovered several copies of a will as of December 4, 2008. Among them, the testamentary document authenticated by a notary public on the deed signed by a notary public (hereinafter “the testament of this case”) shall be inherited to the defendant, who is the south of 1/2 of the deceased’s whole property, and the remainder of 1/2 shall be transferred to the defendant, who is H(Nam), I (Nam), G (M) and C (the deceased’s children), K (the defendant’s children), M (the deceased’s children and the deceased’s children who live together until the deceased’s death) and the defendant shall sell the real property as of December 3, 200 each of the real property acquired by the deceased’s heir, and the defendant shall sell the real property as of 20% of the attached list (the deceased’s properties).

C. On March 29, 2014, the Plaintiff and the Defendant, H, I, and G husband N et al. were once again gathered for consultation on inheritance. At that place, I, even though the deceased had "12.5% higher than I," it should be additionally collected 5% (12.5% = 5% = 0.625%) of their own shares in inheritance, and “N representing G agreed to grant I 5% (0.625% of the total inheritance shares) out of G’s inheritance shares. Accordingly, the Defendant sold the instant real estate to 50%, H 12.5% (50%) for the remainder of 50% ± 12.125% (12.5%), G 1.25% (1.6%), 1.25% of the inheritance shares, 185% of the inheritance shares (1.25%) and 1.6% of the inheritance shares (1.25%).

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