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(영문) 수원지방법원평택지원 2016.06.14 2015가단4776
유류분반환
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of the lawsuit are assessed against the plaintiff (appointed party) and the appointed party.

Reasons

1. The Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Plaintiffs”) have the money in the Seocho Agricultural Cooperative head of the Tong in the event of the Defendant’s survival, and the deceased G, who is the deceased, donated the amount of KRW 1 billion to the Defendant. The Defendant asserted that he/she made a stock investment with it, and that he/she sought the return of KRW 200 million among them on the grounds of infringement of the Plaintiffs’ forced reserve of inheritance.

However, there is no evidence to prove that the above net G donated KRW 1 billion including KRW 200,000 to the defendant, and there is no evidence to prove that the above net G donated the remaining points, without any need to further examine the above points,

[Plaintiff’s aforementioned assertion included the purport that his legal reserve was infringed upon among the entire inheritance property of the above net G, the Plaintiffs and the Defendant, the heir of the network G, decided to divide the real inherited property of KRW 4,563,472,524 on October 24, 2014 according to their legal share in inheritance, and the designated parties C, the remaining Plaintiffs and the Defendant, shall inherit the inherited property of KRW 3/13 of the inherited property, KRW 1,053,109,044, KRW 2/13 of the inherited property, and KRW 702,072,696 of each inherited property, respectively. Accordingly, the Plaintiffs cannot be deemed to have the right to claim the return of the legal reserve since the inheritance of the property above the legal reserve was obvious, regardless of they were inherited.]

2. The plaintiff (Appointed Party)'s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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