logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.10.27 2016가단5583
유류분반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (the deceased on March 18, 2014, hereinafter “the deceased”) married with the deceased D (the deceased on September 29, 1993), who is the spouse, five children, including E (ma), the defendant (ma), the plaintiff (ma), F (3), the network G (the deceased on July 5, 1994).

B. At the time of the deceased’s death, there was not only the instant real estate but also other inherited property. As to the instant real estate, the registration of ownership transfer was completed on January 14, 2016 on the ground of “the legacy on March 18, 2014.”

C. On March 21, 2014, the heir, such as the original Defendant, etc. (including the wife H and children of the deceased G, who is the deceased’s heir, and I and J) gathered at the intersection of the Korean bank, which had been keeping the deceased’s will on March 21, 2014, and confirmed two wills as of December 4, 2008.

On March 5, 2009, a notary public’s written will certified as a deed signed by a law firm (No. 705, 2009) (hereinafter “the written will of this case”) on the part of the deceased (hereinafter “the written will of this case”) stated that “1/2 of the entire property of the deceased is inherited to the defendant who is the south of the deceased, and the remainder 1/2 is divided into the plaintiff, F, E, I, etc., and that “F shall add 20% to the real property of this case.” The real property of this case is inherited by the defendant, and the defendant paid the rental proceeds generated from the real property of this case and the sales proceeds when selling the real property of this case to the plaintiff, F, E, I, etc. in installments.” The written will of this case was written as the deceased’s own writing, and there was no authentication.

On March 29, 2014, the deceased’s inheritors re-converted on the copy of the instant testament, stating “F would have been more than 20% of her mother, but she would have given up 20% and received more than 5% of her mother,” and signed on the copy of the instant testament, “I will have given up 20% of her mother and receive more than 5% of her mother,” and “E’s husband’s agent “I will bear 5% of her additional payment (amount of inheritance x 0.625%) on her behalf.

The signature was written after stating "," and the above.

arrow