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(영문) 서울중앙지방법원 2019.09.24 2018가단5163179
공유물분할
Text

1. The part concerning the claim for partition of co-owned property among the lawsuit of this case is dismissed.

2. Defendant D and E:

A. The plaintiff A 1,766,408 won.

Reasons

1. Facts of recognition;

A. The relationship 1) The Parties’ relationship 1) the net G (H, hereinafter “the deceased”).

The deceased died on March 16, 2014 due to the aftermath of the symptoms, which caused an acute bladrosis in the process of being discharged. 2) The deceased had six children, including net I, Defendant F, J, K, Defendant D, and L.

Meanwhile, the deceased’s wife M died on November 23, 2004, and the deceased died on March 24, 2011.

3) Plaintiff A is the wife of the network I, and Plaintiff B and C are the children of the network I. Defendant E is the wife of Defendant D. B. The deceased of the legacy of each real estate listed in paragraphs 1 and 2 of the attached Tables 1 and 2 is the witness N andO on September 20, 201 and the deceased participated in each real estate listed in paragraphs 1 and 2 of the attached Tables 1 and 2 of the attached Tables by P to which the Seoul East Eastern District Prosecutors’ Office belongs (hereinafter “instant real estate”).

A) Of the two-fourths shares to Plaintiff A, a testamentary document (No. 1521, No. 201, No. 1521, 201; hereinafter referred to as “first testamentary gift”) stating that each of the remaining one-fourths shares is bequeathed to Defendant D and E.

(c) Preparation of a new testamentary document and withdrawal of the first testamentary gift 1) On January 9, 2014, the Deceased was hospitalized in the hospital through an emergency room under the name of the diagnosis.

In addition, the brain operation was conducted on January 21, 2014.

2) On February 6, 2014, the Deceased received recovery treatment after the surgery, and visited a notary public office by going outside the hospital with the Defendants. 3) The Deceased prepared a testamentary document (certificate No. 123, 2014; hereinafter “certificate No. 2013; hereinafter “certificate No. 3 and 4”) stating that the Defendants shall legacy each of the real estate listed in the separate sheet No. 3 and No. 4 (hereinafter “real estate No. 3 and 4 of this case”) by a notary public in the presence of Q and R at the aforesaid notary public office.

4. The Deceased’s Day No. 1.

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