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(영문) 전주지방법원 2016.02.17 2015나1461
상속회복
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and the reasoning for the court’s explanation is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, so it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

Part 2: (a) placing “the deceased” in Part 8 as “the deceased’s intention”; and

B. On November 20, 2012, Nos. 3 and 4, “E, the deceased’s offspring 6-1 and 2, neglected to clearly state his/her place of use to the Plaintiffs on or around November 20, 2012, requested that the Plaintiffs issue the Plaintiff’s seal impression certificate and the certificate of personal seal impression, and the certified copy of resident registration. The Plaintiffs issued the certificate of personal seal impression and the certified copy of resident registration, and delivered them to E along with the seal imprint.” According to the overall purport of the Party’s personal examination and the arguments against Defendant A, “E, the deceased’s children, without clearly disclosing its place of use to Plaintiff A, requested to issue the Plaintiff’s seal impression certificate and certified copy of resident registration.” This, along with the certificate of personal seal impression and the certified copy of resident registration issued by the Plaintiffs, the Plaintiffs issued the certified copy and certified copy of resident registration.”

2. After the death of the deceased, the Defendant proposed that the Defendant would pay KRW 20 million to the Plaintiffs’ marriage funds instead of transferring the inheritance shares through E, and asserted that the Plaintiffs would accept this and deliver the seal imprint certificate and the seal imprint certificate to E in the future.

However, there is no evidence to acknowledge the defendant's above assertion, and rather, according to the statement of No. 6-1 and No. 2-2, and the party's personal examination results of the party's trial against the defendant A, E has not clearly disclosed its use.

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