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(영문) 수원지방법원 2018.10.11 2017가단517970
유류분청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Family Relations Network E (hereinafter referred to as “the deceased”) had children G, Defendant C, Plaintiff A, Plaintiff B, and H in marriage with F, and died on October 2, 2016.

Defendant D is the wife of Defendant C.

On August 16, 1999, the Deceased paid KRW 28,000,000 to Defendant C.

On February 5, 2002, the Deceased paid KRW 100,000,00 to Defendant C through G’s account.

Defendant C took out loans equivalent to KRW 186,577,225 around October 15, 2001.

On December 4, 2002, the Deceased created a collateral security with regard to the debtor, Defendant C, New Bank Co., Ltd., Ltd., and the maximum debt amount of KRW 247,000,000, with respect to the land of Seo-gu I (the real estate is located in the same Dong and specified the real estate below the number of times) located in the same Dong.

On the same day, the Deceased stated “10 million won of the visit loan to the astronomical Bank” in his/her family register.

The Deceased on January 15, 2003, KRW 557,235, KRW 15,00 on February 3, 2003, KRW 374,486 around that time, KRW 27,361 on February 27, 2003, KRW 50,000 on February 27, 2003, KRW 405,443 on March 14, 2003, KRW 25,000 on March 25, 200, KRW 30,000 on March 19, 200, KRW 30,000 on April 3, 2003, and KRW 8,565 on April 15, 2003, respectively.

The Deceased stated “C” as the title “the details of support money” at one’s own loan, stating “the amount of money to be consumed on land: KRW 190 million.”

On July 24, 2014, the Deceased paid KRW 35,000,00 to Defendant C as a residential security deposit.

Accordingly, on July 24, 2014, Defendant C drafted a written pledge stating that “On July 24, 2014, the deceased would, at the request of the deceased, have given up the obligation to waive the inheritance of the deceased’s property and to waive the claim for legal reserve of inheritance instead of receiving assistance from the deceased in the amount of KRW 35,000,00,00 from the apartment lease deposit.”

On November 12, 2008, the deceased bequeathed J land to H, and I land and its ground buildings to G.

On September 15, 2004, the deceased constructed a new building on the above J-ground and completed the registration of ownership preservation in his/her future, and on October 2, 2014.

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