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(영문) 서울중앙지방법원 2020.07.10 2017가합588926
유류분반환
Text

1. The defendant's 203,273,953 won and 311,275,898 won and each of the said money to C and B, respectively, the lawsuit of the plaintiff deceased deceased Gap, and to the plaintiff C.

Reasons

1. Basic facts

A. 1) The deceased E married with the deceased and left the Plaintiff C, the Defendant, and B as their children. 2) The deceased on March 7, 2017 (hereinafter “the time of the commencement of the instant inheritance”). The deceased on May 14, 2020 after the instant lawsuit was filed, and the deceased on May 14, 2020 and the deceased C and B taken over the instant lawsuit of the deceased.

B. On September 13, 2012, the network E donated KRW 100,000,000 to the Plaintiff C and the Defendant respectively.

C. The current status of the property of the deceased E at the time of the commencement of the inheritance of this case

The details and values of each property are as follows: (a) real estate listed in the table No. 1,102,875,917 No. 2 attached table No. 1 of the value of the inherited property at the time of the commencement of the inheritance of this case (hereinafter referred to as “F apartment”) is listed in the table No. 1 of the following table:

(3) The Defendant’s ownership of 5/10 of the real estate indicated in [Attachment 3] No. 2 of the property bequeathed to the Defendant 1,590,000,000 (hereinafter “G land share”) is the ownership of the G land.

3,457,090,00 G land shares 3/5 shall be the Defendant, and the remainder 2/5 shall be the aggregate of the property bequeathed to B 6,149,965,9172), while the net E’s inheritance obligations do not exist separately.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 13 to 16, and the purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the defense is that A had no ability to conduct litigation because he had already been in the state of his capacity to conduct the litigation at the time of the filing of the instant lawsuit, and it cannot be deemed that the letter of delegation of the lawsuit in the name of the deceased A attached to the instant complaint was authentic.

Therefore, the part concerning the claim of the deceased A among the lawsuit of this case is unlawful as it is filed by a person who has no power of attorney.

B. 1) Determination of whether a lawsuit by a person who has no litigation capacity or powers of attorney is unlawful or not is made, is made against the statement of No. 1-1 and the National Mental Health Center.

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