2013 Pool00 Division of Property, etc.

A (74*********************))

1. B

German nationality

2. C

German nationality

3. D;

German nationality

November 9, 2015

1. The deceased E (34****** 1**************) the claimant’s contributory portion in respect of the inherited property is set at 25 per cent.

2. The real estate listed in paragraph 1 of the Attached List, the Philippinesization listed in Paragraph 6, and the foreign currency deposit claims listed in Paragraph 7 shall be divided into possession by the claimant on his/her own, and each deposit claim listed in Section 2, 3, 4, and 5 of the Attached List shall be divided into ownership by the other party on the completion of each 1/3 equity share.

3. The cost of a trial shall be borne by each person.

The contributory portion of the claimant’s contributory portion for the inherited property of deceased deceased E shall be determined by 100%. In the attached list

Real estate mentioned in paragraph (1) out of inherited property shall be owned by the claimant and described in paragraphs (2) through (7).

Deposit claims and foreign currency shall be collected and received by the claimant, and one hundred million won among them shall be collected and received by the claimant to the other party C.

shall be payable and the remainder shall be owned by the claimant.

1. Facts of recognition;

A. On May 11, 1965, the deceased deceased E married with the deceased F, and had the other party as his child. The deceased was named in Germany after participating in the democratization movement while serving as a diplomat, and was divorced from the deceased F in Germany in around 1981. The other party lost his nationality in Germany and around 1990 and around 191.

B. A decedent returned to Korea on 1990 and lived in Korea, and the exchange took place with the other party residing in Germany. The decedent began to engage in an panscopic life upon being sentenced to dumpamam around 201, and the decedent (the decedent was originally the decedent’s guardian in charge of the nursing and nursing of the decedent) who was well aware of the decedent. On April 25, 2012, the decedent adopted a petitioner who was able to look at himself around 2012.

C. The decedent died on October 1, 2012.

D. At the time of death, the decedent owned each deposit claim, foreign currency, etc. as stated in paragraph (1) and paragraphs (2) through (7) of the attached list at the time of inheritance. The market price at the time of inheritance commencement of real estate as stated in Paragraph (1) of the attached list is KRW 45 million.

[Grounds for Recognition] Each statement in Gap evidence Nos. 1 through 5 and 11 (including each number, if any; hereinafter the same shall apply), the result of the verification conducted by this court, the new bank, South-North Credit Union, Han Bank, and the National Bank, each order, reply, and the whole purport of the examination to submit financial transaction information to the new bank, Han Bank, and Han Bank

2. Determination as to the claimant’s claim for determination of the contributory portion

The claimant asserts that the contributory portion of the deceased's inherited property should be set at 100%, since the claimant was adopted as the adopted child of the deceased who was living alone in Korea and supported the deceased by care for and care for the deceased alone, and the deceased's duty of care for the old-age.

The entitlement to a contributory portion system prescribed in Article 1008-2 of the Civil Act intends to promote substantial fairness among co-inheritors by considering the calculation of the entitlement to a contributory portion in cases where a person specially supported an inheritee, or specially contributed to the maintenance or increase of the inheritee’s property, among co-inheritors. Therefore, in order to recognize a entitlement to a contributory portion, it should be recognized that the co-inheritors specially supported the inheritee or specially contributed to the maintenance or increase of the inheritee’s property as much as it is necessary to adjust the entitlement

In full view of the facts of recognition and the overall purport of the examination as seen earlier, Gap evidence No. 9 was not living together with the decedent. However, on 1990, the decedent was frequently found for about 20 years, and the decedent was born to the hospital, and the other party was living in Germany and was unable to properly support the decedent. On April 25, 2012, the decedent adopted the claimant who was living in Pyeongtaek and was taking care of the decedent, and on July 9, 2012, the decedent was adopted, and on the basis of the overall purport of the examination, the decedent was not living together with the decedent. However, on around 200, the claimant was not able to inherit the remaining decedent except for the cash of KRW 100,000,000, and on the other hand, each claimant's child could not be recognized as having contributed to his or her will.

Furthermore, in full view of various circumstances revealed in the case hearing, such as health class, the value of inherited property, the method of contribution, and the degree of contribution as to the applicant's contribution, it is reasonable to set the ratio to 25%.

3. Determination as to the claim for division of inherited property

(a) The confirmation of the inheritor and statutory inheritance shares;

According to the above facts of recognition, the claimant and the other parties are co-inheritors of the inheritee, and the statutory share of inheritance is 1/4 shares of the claimant and the other parties as lineal descendants of the inheritee.

(b) Scope of inherited property subject to division;

According to the above facts of recognition, real estate listed in attached list No. 1, each deposit claim listed in paragraphs 2 through 5, foreign exchange listed in paragraphs 6, and foreign currency deposit claims listed in paragraphs 7, which were owned by the decedent at the time of his death, are subject to division of inherited property of this case as inherited property. Specific contents of inherited property and market price at the time of his commencement

* Foreign exchange tax in the instant case (in the Philippines and US$) is close to the time of the commencement of the instant inheritance.

9. The daily average trading rate of 28.28. (26.64 won per 1 26.64 won and per US dollars 1112.75 won) shall apply.

C. Judgment on the claimant's assertion

The claimant asserts that the division of the inherited property of this case ought to be made by the evidence No. 9, which appears to have been made by the decedent around July 9, 2012 (the claimant does not clearly assert the grounds thereof, but does not examine each of them where the claimant asserts that the evidence No. 9 is deemed as a will, and that there was an agreement on the division of inherited property under the evidence No. 9).

First, with respect to whether the evidence No. 9 of this case satisfies the will, comprehensively taking into account the description and purport of the evidence No. 9 and the whole examination, it can be recognized that the other party C succeeds to the funeral method and the deposit claim No. 100 million won of the inherited property of this case, and the remaining inherited property of this case includes the content that the claimant succeeds to the inheritance, and that there is a document stating the name of the deceased ( July 9, 2012) and the seal affixed on the bottom, and that there is a document where the seal is affixed. However, the strict provision of Articles 1065 through 10 of the Civil Act is intended to clarify the will of the testator and prevent legal disputes and confusion arising therefrom. Thus, the will contrary to the legal requirements and method of the will of the inheritee is invalid even if it conforms to the true will of the testator, and therefore, the will by the testator cannot be deemed to have violated the requirements and method of will No. 1068 of the Civil Code, and it is not in violation of the legal domicile No. 296 of the testator.

Next, as to whether there exists an agreement on the division of inherited property between the inheritors as stated in the evidence No. 9 of this case, according to the health care unit, and the statement No. 10 of the evidence No. 10, the other party C delegated the right to the division of inherited property as stated in the above evidence No. 9 to the claimant. However, the other party B and D did not state any opinion on it until the completion of the examination of this case, and there is no evidence to acknowledge that there was an agreement on the division of inherited property between the claimant and the other

All of the claimant's arguments are not accepted.

(d) Value of the specific inherited property: 150,068,73 won [the value of inherited property = 200,091,643 won - 50,022,910 won of the claimant's contributory portion ( = 200,091,643 won x 25%) 2, value of statutory inherited portion by heir: 37,517,183 won ( = 150,068,73 x 1/43 : 3) : 87,540,093 won (the specific value of inherited property by heir : 50,02,910 + 37,537,517, 37, 47, 47, 47, 547, 57, 57, 37, 47, 57, 57, 57, 57, etc.) 205

B) The other party: each 0.1875 (Value 37,517,183 won in inheritance: Total value in inheritance 200,091,642 won in inheritance)

(e) Method of subdivision;

1) Method of division

The claimant, like the purport of the claim, wishes to divide the inherited property of this case according to the statements prepared by the decedent around July 9, 2012 (Evidence A No. 9), but its validity is not recognized. The other party is currently residing in Germany and is not contact with the claimant. Thus, if the division of shares or the auction is conducted, it seems that a lot of time and expenses will be additionally incurred in the division procedure, and it cannot be recognized as a will of the inheritee. However, in light of the purport of the claim, it would be appropriate for the claimant to divide the real property of this case, foreign exchange, foreign currency deposit claims, etc. as stated in the separate sheet No. 1 of this case, and it would be appropriate for the other party to receive the remaining deposit claims by dividing them into real estate of this case, foreign exchange, foreign currency deposit claims as stated in the separate sheet No. 1 of this case, foreign currency exchange, and foreign currency deposit claims stated in the separate sheet No. 7 of this case, and the other party's deposit claims as stated in the separate sheet No. 2 through No. 5. 3/1/3 of each party.

2) The value of the inherited property, which serves as the basis for the division in kind, and the value of the inherited property that serves as the basis for the division in kind, should be calculated as the value of the real property if the inherited property is divided in kind to the inheritor and the remaining amount is divided in cash, so the value of the inherited property shall be calculated as near the date of the conclusion of the adjudication. As such, the value of the inherited property of the inheritor’s specific share in the inherited property is as follows: 233,451,978 won * Foreign Exchange Tax in this case (etization and US dollars) is equivalent to the time it is actually performed.

20.The daily average trading ratio (24.45 won per 1 petu, and USD 1,129 per 1 US dollars) shall apply.

B) Claimant: 102,135,240 won ( = 233,451,978 won + 0.475 equity interest x less than KRW 43,772,246 each : 43,752,246 won ( = 233,451,978 won x 1875 equity interest x 1875), real estate and deposit claims division (= 1): 102,135,070 won = 78,00 won stated in attached Table 1 + 9,000 won + 247,000 won + 30,000 won x 306,750 won x 30,7500 deposit claims x 40,7750,3750 won x 50,3750,370 others respectively.

F. Sub-decision

Therefore, the applicant alone owns the real estate in the attached list No. 1, the etization of Paragraph 6, and the foreign currency deposit claim in the attached list No. 7, and each deposit claim in the attached list No. 2 through No. 5 shall be divided into two parts: the other party's completion of each / 3 shares.

4. Conclusion

Thus, the court shall judge the claim of this case as above, and shall judge it as per the disposition.

November 9, 2015

The presiding judge shall appoint a judge as a judge;

Judge Shin Young-young

Judges Jeon Soo-soo