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(영문) 전주지방법원 2014.08.22 2012가단589
유류분반환
Text

1. The Plaintiff, Defendant C, and Defendant F, as to KRW 17,021,094 and each of the said money, from November 22, 2010 to KRW 11,68,917.

Reasons

1. Basic facts

A. On November 22, 2010, G died with the Plaintiff, Defendant C, D, E, and Nonparty H and I, the wife of Defendant B, and children.

(hereinafter “G”. Meanwhile, Defendant F is the Plaintiff.

B. On December 27, 2002, the Deceased drafted a testamentary document (hereinafter “instant testamentary document”) by a notary public No. 19284 of the 2002 No. 19284 of the Do-dong Office Deed, Gwangju. The content of the testamentary document is the testamentary gift of each real estate (hereinafter “each real estate of this case”) recorded in the list of real estate in the attached sheet to the Defendants, H and I as shown in the above attached sheet.

(Plaintiff is excluded from testamentary gift). Accordingly, the Defendants, H, and I completed the registration of ownership transfer based on testamentary gift as shown in the above attached Form with respect to each of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. The Plaintiff’s assertion that each of the instant real estate was bequeathed to the Defendants, H, and I, led to the shortage of the Plaintiff’s legal reserve of inheritance, which is the heir of the deceased. The shortage in the legal reserve of inheritance and the amount of the claim for the return against the Defendants are as indicated in the “the cause of the claim”

3. The part of the claim against the defendant C and F is deemed to have led to the confession of the plaintiff's above assertion under Article 150 of the Civil Procedure Act.

Therefore, Defendant C is obligated to pay the amount of KRW 11,68,917, and the amount of KRW 17,021,094 as well as each of the above amounts of KRW 17,021,094 from November 22, 2010 to May 26, 2014, which is the date of the final service of the copy of the application for change of the purpose of the claim and the cause of the claim as of May 26, 2014, and damages for delay calculated at the rate of 5% per annum from the next day to the date of full payment.

4. As to the Plaintiff’s assertion on the claim against Defendant B, D, and E, the Defendants asserted that the Plaintiff cannot exercise the right to claim the return of legal reserve of inheritance because they are disqualified for inheritance falling under Article 1004 subparag. 5 of the Civil Act.

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