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(영문) 서울중앙지방법원 2017.08.30 2017나4927
유류분반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The relationship between the Parties 1) the network H (IB, hereinafter “the network”).

(2) The Deceased died on March 16, 2014 due to her aftermath, while being hospitalized by causing her acute depression in the course of passing away. (2) The Deceased included net G, Defendant F, and D, and six children.

On the other hand, the deceased’s wife died on November 23, 2004, and the deceased died on March 24, 2011.

3) Plaintiff A is the wife of the network G, and Plaintiff B and C are the children of the network G. Defendant E is the wife of Defendant D. The deceased of the instant real estate title 1 is the wife of Defendant D. Defendant D’s testamentary document (a testamentary gift No. 5, No. 1521, No. 201, No. 1521, 201; hereinafter referred to as “first testamentary gift”) stating that 2/4 of the instant real estate portion among the instant real estate 1 by a notary public belonging to the Seoul East East District Prosecutors’ Office in the state of having participated by the witness J and K on September 20, 201, and by a notary public belonging to the Seoul East District Prosecutors’ Office.

(c) Preparation of a new testamentary document and withdrawal of the first testamentary gift 1) On January 9, 2014, the Deceased was hospitalized in the hospital through an emergency room under the name of the diagnosis.

In addition, the brain operation was conducted on January 21, 2014.

2) On February 6, 2014, the Deceased received recovery treatment after the surgery and visited a notary public office by going out of the hospital with the Defendants. 3) In the presence of witness M and N at the aforesaid notary office, the Deceased drafted a testamentary document in which the Defendant D and E respectively make a testamentary gift (No. 10-1, No. 123, No. 2014, No. 123, 2014; hereinafter “second testamentary gift”) to the Defendants, and ② a testamentary document in which the Defendants respectively make a testamentary gift of the instant real estate No. 2, one-third (No. 10-2, No. 2014, No. 124, 2014; hereinafter “third testamentary gift”).

4) In addition, the Deceased signed a document stating the withdrawal of the first legacy on the same day (A No. 7).

Real estate Nos. 1 and 2 of this case.

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