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(영문) 의정부지방법원 2016.06.03 2015가단116797
상속회복청구의 소
Text

1. The defendant shall be the plaintiff.

(a) Recovery of authentic names with respect to shares of 2/5 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. C died on June 28, 2015, and the Defendant, the mother, and the Plaintiff, who is his mother, jointly inherited his/her property.

(The defendant's statutory share of inheritance is 3/5, and the plaintiff's statutory share of inheritance is 2/5).

On July 20, 2015, the Defendant completed the registration of ownership transfer based on inheritance under the name of the Defendant with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), which is C’s inherited property, on July 20, 2015. ② On July 2, 2015 and July 6, 2015, KRW 10,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,0000, as to the deposit claim against the National Agricultural Cooperative under the name of the Defendant, around July 13, 2015, the Defendant completed the registration of ownership transfer based on the inheritance in the Defendant’s name.

(F) The market value of the above-mentioned motor vehicle is approximately KRW 9,00,000 in the form of 2010.

C is a pulmonary cancer.

In death, the Defendant spent KRW 526,930 as medical expenses and KRW 12,316,40 as funeral expenses (i.e., funeral expenses of KRW 3,825,90 as funeral expenses of KRW 4,90,50 as funeral expenses of KRW 1,500 as funeral expenses of KRW 1,568,890 as acquisition tax and registration expenses of KRW 15,412,220 as total of KRW 12,316,40 as funeral expenses of KRW 526,930 as funeral expenses of KRW 2,568,890 as acquisition tax and registration expenses of each real estate of this case (i.e., KRW 2,568,890 as acquisition tax and registration expenses of the real estate of this case).

(A) The Defendant alleged that the Defendant spent the above KRW 8,50,00,00 in addition to the above KRW 526,930,00 for medical expenses, but the evidence submitted by the Defendant alone is insufficient to acknowledge the above alleged facts, and there is no other evidence to acknowledge this, the Defendant’s above assertion is without merit). 【The Defendant’s assertion is without any dispute, each of the facts alleged as the ground for recognition, Gap’s evidence Nos. 1, 2, 3, 5, 6, 7, and Eul’s evidence Nos. 1 through 6 (including numbers), the result of the order to submit financial transaction information on the point of the Sucheon Agricultural Complex, the purport of the entire pleadings

2. Determination is that the Plaintiff succeeds to C’s inherited property with shares of 2/5, and thus, 2/5 shares, which are the Plaintiff’s inherited property, out of C’s inherited property that the Defendant independently owned.

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