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(영문) 수원지방법원 성남지원 2018.05.29 2015가합203734 (1)
유언무효확인의 소
Text

1. The Defendant’s each of the Plaintiffs’ KRW 86,738,141 and KRW 80,430,009 among them, respectively, shall be KRW 6,30,00 from July 22, 2015, and KRW 6,308,132.

Reasons

1. Basic facts

A. E (hereinafter referred to as “the deceased”) married with the network F, and formed six Vietnams between the Plaintiffs, Defendant, G, and H, and died on June 16, 2014.

B. On February 20, 2012, the Deceased left a testament on February 20, 2012 stating that “The heir shall succeed to the property located in Dongdaemun-gu Seoul Metropolitan Government I” (hereinafter “instant testamentary will”).

C. On June 12, 2015, the Plaintiffs filed a preliminary claim seeking the return of legal reserve of inheritance, such as the instant claim, along with the primary claim seeking confirmation of invalidity of the testament of this case, by alleging that the Deceased was in a state of no capacity to be able to have been suffering from the disease due to Albiman’s dementia at the time of preparing the testament of this case.

Accordingly, on April 28, 2016, the court rendered an interim judgment that the testament of this case is valid on the grounds that it is difficult to deem that the deceased was merely a minor obstacle to the judgment and communication ability at the time of preparing the testament of this case.

The Defendant, the Plaintiffs, G, and H shall divide the deceased’s inherited property as follows:

Of each real estate listed in the separate sheet No. 2 and each deposit claim listed in the separate sheet No. 3,00,000 won of one bank deposit claims are owned by the defendant, and they shall be divided into the plaintiffs, and H shall be paid for each share of 1/4.

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