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(영문) 부산지방법원 2018.10.18 2017가합40330
상속회복청구
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 245,039,273 on April 11, 2018; and (b) on the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties is 1) the network D (hereinafter “the network”).

(2) On February 26, 1992, the Plaintiff married with E, but divorced on May 6, 1994, and married with the Defendant on April 21, 2005. The Plaintiff is the only child of the Deceased and E, who was born between the deceased on the F date and E. (2) The Plaintiff was divorced from the deceased, and lived together with G from December 1998, while living together with the deceased’s mother (the Plaintiff’s mother)’s H residence.

3) Around August 2012, the Deceased was diagnosed as pulmonary cancer and received an anti-pacta, but on September 2016, the disease was rapidly aggravated and the disease was dead at the Busan National University Hospital on November 4, 2016. (B) On February 2, 2004, the Defendant and I purchased 1/2 shares of K, L, M, N,O, P, and Qho (hereinafter collectively referred to as “Jisa”), and on June 10, 2004, the Deceased purchased 1/2 shares of K, L, M, N, P, and Qho ( collectively referred to as “the above real property”).

On August 20, 2014, the deceased and the defendant sold and disposed of the JJ family, and paid capital gains tax, real estate brokerage fee, etc. from the purchase price and left KRW 1,230,93,760.

2) On March 25, 1991, the Deceased, Changwon-si, Sungwon-si, Sungwon-si, J apartment S (hereinafter “R apartment”).

The deceased purchased and sold 139,00,000 won on June 4, 2012. The deceased received 139,00,000 won from the purchase price after deducting deposit, etc. for the lease of the R apartment. 3) The deceased received retirement allowances from May 4, 1981 to December 31, 2010, 70,423,886 won (based on the amount of actual receipt after tax; hereinafter the same shall apply) with salary, etc., 82,781, 201, 81, 310,353 won, 90,906,593 won, 95,360, 95,3660, 2014, 4205, 52365, 137, 2013, 205, 137, 205, 2013, 3637, 2014.

4 At the time of the deceased’s death, KRW 11,238,657 was deposited in the V account in the name of the deceased, and there was a car in the name of the deceased in the market value of KRW 11,604,762.

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