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(영문) 서울서부지방법원 2016.01.21 2013가합9987
상속회복
Text

1. The defendant

(a) Recovery of inheritance with respect to shares of one-third of each real estate listed in the separate sheet of real estate;

Reasons

1. Facts of recognition;

A. The deceased C (Death on June 22, 2013) :

D. Between the Defendant and the deceased E (Death on July 2, 1989)

f. The Plaintiff gave birth.

B. G by Yang-moon G on September 13, 1973

F. The report of birth was made with the Plaintiff’s birth, which became final and conclusive on January 8, 198 by the Family Court of Seoul Family on January 25, 198, and the above report of birth was cancelled on January 25, 198, and the deceased’s child between the deceased and the deceased’s spouse who reported marriage on January 22, 198 and August 28, 1962.

C. On October 7, 2013, the Plaintiff filed a lawsuit with the Seoul Family Court seeking confirmation as a natural father born between the deceased E and the deceased C.

(Seoul Family Court Decision 2013Ddan73844). On August 13, 2014, the Plaintiff was rendered a favorable judgment that the Plaintiff did not have parental relation between the Plaintiff and the deceased H, and that there was parental relation between the deceased C. The said judgment became final and conclusive on September 12, 2014.

On the other hand, the defendant completed the registration of ownership transfer based on inheritance on June 22, 2013 as to each real estate listed in the list of attached real estate owned by the deceased C on August 19, 2013.

E. At the time of the death on June 22, 2013, the deceased C owned KRW 15,000,203 to the new bank account (I) under his/her name. From June 24, 2013 to July 10, 2013, the deceased C withdrawn KRW 15,000,200 out of the said money.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 4, 7, 8, 9 (including branch numbers; hereinafter the same shall apply), Gap evidence 10-1, 2, and Gap evidence 12, and the purport of the whole pleadings

2. The plaintiff asserts that the deceased C's heir is the plaintiff and the defendant, and that the legal share of inheritance is 1/2 each, such as the indication of the shares in the attached inheritance, and that the defendant is entitled to recover inheritance. The defendant is entitled to seek the implementation of the registration procedure for transfer of ownership as to the shares of 1/2 of shares in each real estate listed in the attached list, which is inherited property, and the deceased by the deceased C.

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