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(영문) 춘천지방법원원주지원 2016.08.18 2015가단32904
유류분반환청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a child born between the network C and D.

B. In the event of the incident on June 25, 1950, the network C left the Plaintiff and the Plaintiff’s mother D in North Korea.

C. In around 1983, the deceased C was fluored with the Plaintiff through a program to find separated families.

On August 18, 1989, the plaintiff filed a suit against the deceased C seeking recognition, and received the final judgment of recognition on August 18, 1989, and was recorded on the family register as the deceased C's relative on August 27, 1990.

The deceased C married with E between the Plaintiff and the Plaintiff’s mother’s life and death, and left the Defendant F, Defendant B, and Co-Defendant G as his child.

E. The deceased C died on October 23, 2009.

F. After the death of the deceased C, the Plaintiff and the F, Defendant B, and the above G were co-inheritors, but there was no agreement on the division of inherited property, and the above F, Defendant B, and the above G succeeded to the property of the deceased C with the exception of the Plaintiff.

G. The current inherited property remains in the name of the network C remains in the third floor above H in Thai City.

H. The net C donated a variety of real estate and money to the said F, Defendant B, and the said G, including but not limited to the area of 2231 square meters prior to Thai City I.

Of them, the portion donated to Defendant B is KRW 39,378,800,000, which was donated from May 6, 2004 to March 21, 2008.

(C) In addition, the Plaintiff (hereinafter “the Plaintiff”) donated the shares of J Co., Ltd. and K Co., Ltd. to the said F, Defendant B, and the said G, even if the Plaintiff was converted on October 23, 2009 as of October 23, 2009.

I. The value of the inherited property that the deceased C donated to the above F, Defendant B, and the above G is KRW 1,128,390,497 as of the time of the deceased C’s death, and the value of the inherited property is KRW 104,00,000, and thus, the inherited property that forms the basis of calculating the legal reserve of inheritance is KRW 1,232,390,497, and there is no inheritance obligation.

(j) When calculating the legal reserve of inheritance of the above F, Defendant B, and the above G, including the Plaintiff, KRW 93,126,409 [The amount of legal reserve of inheritance KRW 1,232,390,497, which is the basis for calculating the legal reserve of inheritance KRW 18,909,090,090].

The plaintiff succeeded to KRW 18,909,090, and the remaining property is F.

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