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Reasons
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(영문) 서울중앙지방법원 2016.10.12 2015가합578574
유류분반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship C between the parties was married with the network D on September 15, 1961 and produced the Plaintiff, the Defendant, and the network E.

The deceased C died on July 3, 2014, and the deceased on November 19, 2015.

B. 1) The Plaintiff’s total sum of KRW 259,344,000 in total over 57 occasions from March 10, 2011 to July 3, 2014 under the name of the transaction network C with the F Account of the National Bank in the name of the Defendant’s name was KRW 263,34,00,00, which appears to be erroneous inasmuch as the sum of the deposit amounts over 57 times is KRW 263,34,00. The Defendant’s account in the name of the Defendant is the F Account of the National Bank in the name of the Defendant (hereinafter “instant account”).

(2) A sum of KRW 189,00,000,000 was deposited in the name of the deceased C from May 31, 2013 to June 16, 2014, in the name of the new bank account under the name of the network C (hereinafter “instant new bank account”) in the name of the new bank account in the name of the network C.

Specific details are as shown in the attached Table 2 list.

3) On February 25, 2011, a national bank H account in the name of the network C (hereinafter “First Account”) was deposited in KRW 379,850,000 on February 25, 201.

B) The net C sold the land and its ground buildings in Seodaemun-gu Seoul and Seomun-gu to J. The J deposited the purchase price of KRW 400,00,000 on June 22, 2013, and KRW 2,270,000,000 on August 9, 2013, and KRW 2,670,00,000 on a total, as well as KRW 2,670,00,000 on August 9, 2013. C) in the first account of the National Bank of Korea, the Plaintiff deposited the purchase price of KRW 94,936,780 on October 31, 2013, and KRW 18,987,350 on local income tax, KRW 11,909,580, national tax, and KRW 7,29,00 on December 29, 2013 as public charges.

4) From the National Bank K account in the name of the Network C’s name (a) the National Bank K account in the name of the Network C (hereinafter “the Account 2 Account”) to the Account 16 times in total, KRW 61,510,000 was remitted from the Account 16 times in total.

Specific details are attached Form 3.3.

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