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(영문) 의정부지방법원 2020.01.30 2018가단113768
유류분반환 청구의 소
Text

1. The Defendant’s KRW 15,502,013 as well as the Plaintiff’s annual rate of KRW 5% from December 19, 2019 to January 30, 2020, and the following.

Reasons

1. Facts of recognition;

A. The parties C left the adopted Plaintiff and the Defendant, and died on February 3, 2018.

B. On July 31, 2015, KRW 20,000 at face value from the post office account (D) of the withdrawal of the check (hereinafter “the deceased”) (hereinafter “C”) was withdrawn as one cashier’s checks that amounted to KRW 200,000,000 at face value, and two cashier’s checks that amount to KRW 10,000,000 at face value.

C. On August 11, 2015, the Defendant’s Agricultural Cooperative Account (E; hereinafter “Defendant Account ①”)

A) KRW 90,00,000 was deposited in a cashier’s check, and the said amount was transferred to an account under F’s name on the 13th of the same month. Thereafter, KRW 60,00,000 was deposited in the Defendant’s account (hereinafter “Defendant’s account”) in the name of F on January 6, 2016, and KRW 10,000 was deposited in the Defendant’s new bank account (hereinafter “Defendant’s account”) with KRW 10,00,000 on November 24, 2016; and KRW 25,000,000 was deposited in the Defendant’s account (hereinafter “Defendant’s account”) on the 26th of the same month. Meanwhile, KRW 10,000,000 was deposited in the Defendant’s new bank account (G, and hereinafter “Defendant’s account”).

After March 27, 2017, KRW 20,000 has been transferred to the account (H) in the name of the deceased in the defendant account ②.

3) The Defendant’s national bank account (I; hereinafter “Defendant’s account third”).

) On August 4, 2015, KRW 50,000,00 was deposited in the name of the Deceased. 【The fact that there is no dispute over the grounds for recognition, the entries in Gap’s Nos. 1, 3, 4, and Eul’s Nos. 1 through 3, the fact inquiry results with respect to Jongno-gu Office of this Court, and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s account ①, ②, and ③ respectively deposited cashier’s checks of KRW 90,00,000 and KRW 10,000,000, cash of KRW 50,000 and KRW 150,00,000 that the Deceased donated to the Defendant. As such, the Plaintiff demanded the return of the said money on the premise that the Plaintiff’s shortage in the legal reserve of inheritance is KRW 37,78,565 when calculating the shortage of the Plaintiff’s legal reserve of inheritance.

B. The deceased’s money of KRW 90,000,000 deposited to Defendant A’s account was paid to F according to the deceased’s intent, but then the amount of KRW 60,000,000 is again the Defendant A’s account.

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