(영문) 서울중앙지방법원 2017.01.13 2016가합535802

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(영문) 서울중앙지방법원 2017.01.13 2016가합535802

재산상속포기확인의 소

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1. The plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in full view of the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3 and Eul evidence No. 1:

The relationship 1) The Plaintiffs, the Defendant, and D are between the parties. 2) D died on November 28, 2015, and D (hereinafter “the deceased”) is the legal co-inheritors of the Plaintiffs, the siblings of the deceased, and the Defendant and E, as they did not have their spouse or lineal ascendants and descendants.

B. On May 19, 2015, before the death of the deceased, E filed a lawsuit against the deceased and the Defendant seeking a return of legal reserve of inheritance as the Seoul Central District Court 2015Da89756, May 19, 2015. (2) As the deceased died during the proceedings, E and the Defendant drafted the following agreements (hereinafter “instant agreement”) around February 24, 2016.

After that, on February 26, 2016, E withdrawn a lawsuit claiming the return of the above legal reserve against the defendant.

Party A (E refers to the Defendant) and Party B (E) shall bear the costs of lawsuit in order to smoothly resolve the case in the Seoul Central District Court 2015da89756.6, and shall terminate the said case by agreement with the following:

C. Foods

1. Eul shall pay 30 million won to Gap, and Gap shall withdraw the lawsuit in this case simultaneously with receiving 30 million won.

2.A shall not be liable to B in connection with the instant case, and B shall waive any succession to the network D.

2. The parties' assertion

A. The plaintiffs' assertion 1) The defendant, one of the co-inheritors of the deceased, renounced the inheritance of the deceased's property by preparing the agreement of this case with E, one of the same co-inheritors, and the plaintiffs approved the waiver of inheritance through E. Therefore, the defendant shall inherit the property of the deceased to the plaintiffs and E, who are co-inheritors, in accordance with the agreement of this case.

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