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(영문) 수원지방법원평택지원 2017.07.14 2016가단43228
상속재산반환
Text

1. The defendant is against the plaintiffs:

(a) 4,500,770 shares out of each real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and the Non-Party F (hereinafter “the deceased”) are siblings.

B. From April 2015, the Deceased was suffering from brutosis, etc. at the Defendant’s house since around April 2015, and was hospitalized in G Hospital, H convalescent Hospital, etc. after June 2015, but died in a state where there was no lineal ascendant or descendant on April 6, 2016.

C. The co-inheritors of the deceased are as listed below, and their respective inheritance shares are 1/7.

father I, Ma J Pretain F (K) of the deceased

1. A person who has lost Liber: 1/7 (Inheritance by Representation) of inheritance;

2. The net N: Inheritance 1/7 (Inheritance by Representation).

3. Plaintiff A: 1/7 of shares in inheritance;

4. Plaintiff B: Inheritance 1/7

5. Plaintiff C: 1/7 of the inheritance portion.

6. Plaintiff D: Inheritance 1/7

7. Defendant E: 1/7 of the inheritance share.

D. Meanwhile, on June 22, 2015, the registration of ownership transfer was completed to the Defendant on the grounds of “donation on June 19, 2015,” as to each real estate listed in the separate sheet owned by the Deceased (hereinafter “each of the instant real estate”).

E. The deceased No. 102,028,880 won remaining as of June 17, 2015, and KRW 39,466,212 won remaining as of June 22, 2015 in the deceased No. NAC (O) account, respectively, was deposited in the deceased No. 39,466,212, respectively. From that time, until April 6, 2016, the deceased’s total amount of KRW 141,495,092 = 102,02,028,880 won, KRW 39,46,212 won, and hereinafter “the deposit”).

) All of the withdrawals and remaining 0 won of the balance. 【Ground of recognition】 The fact that there is no dispute, Gap evidence Nos. 1 through 9, 16, and 17 (including virtual numbers, the purport of the entire pleadings)

2. Judgment on the main claim

A. The key points of the Plaintiffs’ primary claim are ① Although the Defendant did not have donated each of the instant real estate from the Deceased on June 19, 2015, the Plaintiffs forged the deceased’s donation contract and completed the registration of ownership transfer (non-existence or invalidity of the donation contract). Therefore, the Plaintiffs’ primary claim is based on their respective inheritance shares.

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