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(영문) 수원지방법원안양지원 2020.06.26 2019재가단18
유류분 반환
Text

The quasi-examination of this case shall be dismissed.

The costs of quasi-examination shall be borne by the plaintiff (quasi-examination).

Reasons

1. On July 12, 2019, the Defendants accepted the Plaintiff’s claim on July 12, 2019 from the case of return of legal reserve of inheritance No. 116932 (hereinafter “cases subject to quasi-deliberation”), which was instituted by the Plaintiff against the Defendants, and the facts stated in the written statement of recognition of legal reserve of quasi-examination are obvious.

2. Determination as to the legitimacy of the lawsuit for quasi-deliberation of this case

A. As to the ground for quasi-examination, the Plaintiff’s assertion was set on the basis of the officially announced value at the time of the lawsuit, and the amount of the claim was scheduled to be determined through future appraisal. However, despite the Plaintiff’s opposition, the full bench prepared a quasi-examination protocol that induces the Defendants to recognize the Plaintiff’s claim in whole by inducing the Defendants to recognize the Plaintiff’s claim, which constitutes “when the judgment on important matters affecting the judgment is omitted” under Article 451(1)9 of the Civil Procedure Act, and thus, the protocol subject to quasi-examination should be revoked.

B. 1) Determination 1) The recognition and recognition of the claim is a unilateral declaration of intent to the court against the person whose claim is reasonable, and there is no room for the court to intervene in the legal judgment. As to the recognition and recognition protocol, there is no case falling under “when the judgment on important matters that may affect the judgment is omitted,” which is a ground for retrial under Article 451(1)9 of the Civil Procedure Act. Therefore, the ground alleged by the plaintiff cannot be a ground for quasi-adjudication, and is unlawful. In addition, the lawsuit for quasi-adjudication is to be filed within 30 days from the date the party becomes aware of the ground for quasi-adjudication (Article 461 and Article 456(1) of the Civil Procedure Act). The plaintiff becomes aware of the above ground for quasi-adjudication at the time of the defendants' failure in the case subject to quasi-adjudication. The lawsuit for quasi-adjudication in this case is 30 days thereafter.

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