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(영문) 서울서부지방법원 2018.12.11 2016가단25020
기타(금전)
Text

1. The defendant shall be the plaintiff.

(a) KRW 5,00,000 and for this, 5% per annum from August 9, 2016 to December 11, 2018; and

Reasons

The defendant who made a judgment on the previous defense of the merits shall assert that the lawsuit of this case is exclusive jurisdiction of the family court, and shall raise a defense of violation of jurisdiction.

The plaintiff is seeking against the defendant, who is a testamentary donee who has received the testamentary gift, to fulfill the burden set forth in the will, which shall be under the jurisdiction of the civil court as a civil case.

The defendant's defense prior to the merits is rejected.

On March 18, 2014, C, who was married with the deceased D (Death on September 29, 1993), had the defendant, 2 South E, 3 South, 1 female F, and 4 South and North as his child, and died on March 18, 2014.

Of them, G had I and J as his child between H and died on July 5, 1994.

After the death of the deceased C, such as a written will, etc. (hereinafter “the deceased”), the heir opened a will on March 21, 2014, and as a result, multiple wills were discovered on December 4, 2008 and January 1, 198 by the date of preparation.

The will of the discovered head of the will is prepared according to the requirements of will pursuant to Article 1066(1) of the Civil Code, on which the deceased has his full text, date, address, and name and signed and sealed.

Since December 4, 2008, on March 5, 2009, a notary public obtained the authentication of a deed signed by a private person by verifying that the signature and seal of the deceased stated in the testament book is the principal in K law firm, and on March 5, 2009 (in total, 7 pages are composed of 1 pages, 6,7 pages are written in a deed signed by a private person, and 2 or 5 pages are written in a deed signed by a private person; hereinafter, a will authenticated by a private person signed by a private person is written in a deed signed by a private person, 2 or 5 pages are written in a deed signed by a private person; hereinafter referred to as “instant will”).

The written will of this case, “1/2 of the whole property of the deceased shall be inherited to the defendant, who is the south of the deceased,” and the remainder of 1/2 shall not be the south (E), 3 South (Plaintiff), women (F), I, M, and legal heir, but shall also live until the deceased’s death.

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