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(영문) 서울중앙지방법원 2017.04.12 2015가합534512
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 1, 2015 to April 12, 2017.

Reasons

Basic Facts

The deceased C (hereinafter referred to as “the deceased”) died on May 2, 2010, and the legal inheritor is the Plaintiff and the Defendant, who is his/her father and wife.

On February 15, 2010, two days before the death of the deceased, the deceased prepared a testament of the following contents in writing, and affixed a seal thereto:

(hereinafter referred to as “instant testamentary document”). The testator of the testamentary document: C (resident number: D): address: Seocho-gu Seoul Metropolitan Government E Apartment B-1802 (friendly) telephone: G will.

1.B wills shall be made as follows:

(1) HUEB-1802, Seocho-gu, Seoul, as regards the legacy of property, donated this to the head of Seocho-gu, Seoul, to the heir A ( Address: Seocho-gu, Seoul, ESB-1802, and date of birth H).

- A woman B shall donate property equivalent to the sales price of IO in 2004, and at that time after the local debt borrowed to A in 2004 has been settled, and the type of the property (such as movable property, securities, etc.) shall also be subject to the decision of the South-North of Korea.

- All of the powers of the other property under the name of the other property A among the inheritors A.

A testamentary gift shall take effect upon the death of Na.

(2) A shall be designated as the executor of the will to perform the testamentary gift with respect to the designation of executor of the will.

On February 15, 2010, the testator CJ resident registration number D address, Seocho-gu Seoul E Apartment B-1802, and on May 8, 2014, the following agreement was made between the Plaintiff and the Defendant on the division of inheritance:

(hereinafter referred to as the “instant agreement”). As regards the inheritance of property that began due to the death of the deceased C on May 2, 2010, the co-inheritors and B agree to divide the content of the testamentary document prepared by C on February 15, 2010, as it is, in the inheritance of property that began by the clerk of the agreement on division of property.

Accordingly, it shall comply with the following terms and conditions:

1. B shall be subject to the conditions determined by A in all methods concerning the division of property (all of the timing, conditions, types of divided property, designation of successors, etc.);

2. Co-inheritors.

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