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(영문) 서울서부지방법원 2018.01.09 2016나4512
유류분반환
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) married with the deceased’s spouse D(the deceased on September 29, 1993) and had five children, such as E, the Defendant, the Plaintiff, F, and deceased G (the deceased on July 5, 1994). The deceased G had I and J with his spouse H.

B. Upon the death of the deceased on March 18, 2014, on March 21, 2014, several copies of co-inheritors, including the plaintiff and the defendant, opened a will document prepared before the deceased on March 21, 2014 and discovered on December 4, 2008. Among them, the will document authenticated by a notary public on the deed signed by a notary public (hereinafter "the will document of this case") shall inherit one half of the whole property of the deceased to the defendant, who is the south of the deceased, and the remaining one half shall be succeeded to the defendant, who is the half of the deceased, and the remaining one half shall be the plaintiff (ma), F, E, and I (Mh's children), L (the defendant's children), M (the deceased's children, the deceased's children, and N (the deceased's children, who lives together until the deceased's death, are not the deceased's heir, but the defendant shall sell the real property in the separate list 20% of the real property and the real property sale proceeds of each of this case (the plaintiff).

C. On March 29, 2014, the Plaintiff and the Defendant, H, F, and E’s husband K were reproduced for consultation on inheritance. In the same place, F was to receive an additional 5% (12.5% + 5% = 0.625%) of its own shares in inheritance even though the deceased was “F,” and K represented for E agreed to 5% (0.625% of its total inheritance shares) out of the E’s inheritance shares. Accordingly, the Defendant sold the instant real estate to F, 12.5% (50%) for the remainder of 50%, 12.5% (12.5%) for the Plaintiff, 125% (12.65%) for the E1.25% (1.25%) for the E1.25% (1.6%) and 1.25%) for the E.

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