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창원지방법원 2015.11.12 2015나32329
유류분반환청구
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the following additional determination, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts to the effect that since the plaintiff E's legal representative was delegated by him even though he did not have a mental capacity, the plaintiff E's lawsuit of this case shall be dismissed in an unlawful manner.

However, this Court decided to appoint A as a special representative of Plaintiff E on October 15, 2015, which is the third date for pleading, and since the fact that the special representative confirmed the litigation conducted by Plaintiff E by Plaintiff E, is obvious in the record, the litigation conducted by Plaintiff E’s legal representative is lawful.

Therefore, the defendant's above assertion is without merit.

3. If so, the plaintiffs' claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.