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(영문) 울산지방법원 2020.06.04 2019나12411
상속재산분할청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) The Plaintiff is the spouse of the deceased M (hereinafter “the deceased”), and Defendant B, C, and D are children born between the Plaintiff and the deceased.

(2) Defendant G is the mother of the deceased and Defendant E, F, and H are the siblings of the deceased born between Defendant G and the network N (hereinafter “the deceased”).

B. (1) The deceased died on July 14, 2014, and each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is the property owned by the deceased.

(2) Each land listed in the separate sheet Nos. 1, 2, and 3 (hereinafter referred to as “1 land”; “2 land “,” “3 land”; and “1 through 3 land” are co-owned by the Plaintiff in proportion to the shares of 1/12, Defendant B, C, D, E, F, and G, respectively; and Defendant H 2/12.

(3) A building listed in [Attachment 4] section 4 is referred to as "the building of this case"

(C) The Plaintiff shared 3/9, Defendant E, C, and D shares in their respective inheritance shares of 2/9. (1) Defendant E filed a civil lawsuit and criminal complaint against the Plaintiff against the Plaintiff (1) with the Busan District Court Decision 2015Gahap5049 against the Plaintiff, which was ① each of the instant land is the real estate trusted by the deceased on April 25, 1972, and the Defendant G transferred 2/8, Defendant E, and F, based on their respective legal shares of inheritance at the time, according to their respective shares of inheritance. ② Defendant E claimed that Defendant E lent KRW 570,000,000 for the cost of construction of the instant building to the Deceased, and that there was no evidence to acknowledge that Defendant E had lost each of the instant land to the deceased, or that there was no evidence to acknowledge that the deceased lost each of the instant land from the first instance judgment.

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