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(영문) 서울서부지방법원 2016.07.06 2015가합2690

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).


1. Facts of recognition;

A. The deceased D (the deceased on March 18, 2014, hereinafter “the deceased”) married with the deceased E (the deceased on September 29, 1993) who is the spouse, five children, including the Plaintiff, the Selection, the Defendant, the F, and the deceased (the deceased on July 5, 1994).

B. After the deceased’s death, the deceased and the deceased et al. opened a testament on March 21, 2014, at the intersection of the Korean bank, where the deceased’s testament was kept, two wills were held as of December 4, 2008. Among them, on March 5, 2009, a notary public’s written will certified as a deed signed by a private person signed by a law firm in a new village (hereinafter “instant testament”). On March 5, 2009, a notary public inherited 1/2 of the deceased’s entire property to the Defendant, who is the south of the deceased, and divided 1/2 of the remainder to the Plaintiff, the Plaintiff, and 20% of the total amount to the Plaintiff: Provided, That each real estate listed in attached Table 2 real estate list 1, 2, and 3 (hereinafter “H real estate”) is inherited by the Defendant, and the Defendant stated that the Plaintiff would sell rental profits and real estate generated from H’s real estate and the purchase price to the Plaintiff, the appointing, and the Plaintiff.

C. On March 29, 2014, the successors, including the Plaintiff, etc., re-entered the text of the instant will to prepare an agreement on inheritance on March 29, 2014, and the Plaintiff signed the copy of the instant will, stating that “A, although her mother, would have given up 20% to her mother, her mother would have given up 20% and received 50,000% more her mother, her husband, and I, as her representative, signed the agreement, stating that “A shall bear 5% additional payments (the inheritance amount x 0.625%) her husband,” and signed the rest.

In April 2014, the Plaintiff and the designated parties filed a complaint against the Defendant on the charge of embezzlement. From September 26, 2005 to March 4, 2014, “the Defendant withdraws KRW 2,542,92,592 in total from the account in the name of the Deceased from September 26, 2005 to March 4, 2014, and transferred the ownership of the Deceased’s apartment on June 20, 2013 to the Defendant I, and on June 20, 2014.