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(영문) 서울고등법원 2015.03.20 2014나10634
상속회복청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 9, 1961, the deceased C (hereinafter “the deceased”) married with D on September 9, 1961, and placed the Plaintiff, the Defendant, E, and F as their children.

B. The Deceased divorced from D on December 24, 1976, and died on April 11, 201.

C. The deceased owned, prior to his birth, 1/3 shares out of 1,064 square meters in Seocho-gu Seoul Metropolitan Government G G G (hereinafter “instant shares”), 1/2 shares out of 146 square meters in Busan Shipping Daegu H, 1/2 shares out of 783 square meters in the land for I school, 1/2 shares out of 18 square meters in JJ 18 square meters, 31.5/127 shares out of 127 square meters in Pyang-si K 127 square meters in Pyang-si, and among them, the instant shares were sold in KRW 4,828,050,000 in the amount of KRW 4,828,050 on December 28, 2006 and the ownership transfer registration was completed on January 2, 2007.

No. 518 on June 21, 2007, a testamentary document stating that “The deceased bequeathed to the Defendant the insured’s insurance, deposits, and 10 items of financial assets of the fund (hereinafter collectively referred to as “instant financial assets”)” (hereinafter referred to as “instant testamentary document”) was drawn up as of June 21, 2007.

(hereinafter the will made by the Notarial will of this case is referred to as the “Notarial will of this case”). Each item of the financial assets of this case and the specific amount of each item as of June 21, 2007 are as shown in attached Table 1.

E. As of April 11, 201, the date of commencing the deceased’s inheritance, the financial assets owned by the deceased remain only deposited in the foreign exchange bank M account (hereinafter “the remaining financial assets of this case”), and the remaining financial assets of this case are KRW 14,706,312 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10 (including additional numbers), Eul evidence 37 and 38, the purport of the whole pleadings

2. Judgment on the grounds of claim for damages among the plaintiff's primary grounds of claim

A. The plaintiff's assertion as to the cause of the claim (as follows) is as follows: (a) total of KRW 3,935,487,858 owned by the deceased = ① 3,070,987,858 won; (b) 400,000,000 won; and (c) 80.

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