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(영문) 서울고등법원 2019.08.23 2019나2012181
유류분반환청구 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is that the part of the reasoning of the judgment of the court of first instance concerning the plaintiff is stated in the reasoning of the judgment of the court of first instance, except when the part of the reasoning of the judgment of the court of first instance is cited or added as follows. Thus, it is citing it as it is

The following shall be added between the 6th parallels and the 3th parallels:

According to the result of the response to the order to submit financial transaction information to Q Bank by the court of first instance and the response to the order to submit financial transaction information to K by this court, the fact that the defendant concluded a pension insurance contract with Q account in the name of the deceased for a total of 4,800,000 won through automatic transfer over 36 times from Q account in the name of the deceased for a total of 2012 to 2015 does not conflict between the parties to the contract. Therefore, the above insurance premium is the defendant's revenue property. The above insurance premium is the defendant's revenue property even from 6th to 7th, 17th, as follows.

Of the above KRW 980,00,000, the Defendant was a person who received a premium of KRW 340,000,000 as above. According to the Defendant’s response to each order to submit financial transaction information to Q Bank and R Bank in the first instance court, it is recognized that the Defendant withdrawn KRW 100,000 from the M Long-Term Branch Account in the name of the Deceased on May 25, 2012 and deposited KRW 100,000 into the R Bank account in the name of the deceased on the same day. Therefore, it is reasonable to deem that the above KRW 10,00,000 was donated to the Defendant from the deceased’s property. In addition, it is difficult to deem that the deceased was under medical care at the time of 201, or that the deceased was under medical care at the time of 20,000,000, KRW 340,000,000 as K, the Defendant’s sales price of KRW 20,000.

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