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(영문) 청주지방법원 2020.07.03 2018가단35035

유류분반환 청구

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1. The defendant shall pay to the plaintiffs each share of 37,537,426/85,823,380 as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The deceased D (hereinafter referred to as “the Deceased”) married with E and placed F, G, Defendant, and H as their children under the chain, and died on April 14, 2018.

B. The real estate listed in the separate sheet (hereinafter collectively referred to as the “each of the instant real estate”) was owned by the deceased. On October 27, 2008, the registration of the establishment of the right to lease on a deposit basis was completed for the lease on a deposit basis at the I Village Association of Chonsegwon on October 27, 2008. For each of the instant real estate, the registration of the establishment of the right to lease on a deposit basis was completed for the lease on a deposit basis with the mortgagee on November 7, 2008 with JJ Co., Ltd. as the mortgagee, the Defendant as the debtor, and the registration of the establishment of the right to lease on a deposit basis of KRW 120,000,000 for each of the instant

C. On December 23, 2013, the Deceased, by means of a testament by a notarial deed under Article 1068 of the Civil Act, had the Defendant bear the obligation of each of the instant real estates, while bequeathed to the Defendant (hereinafter “instant testament”).

On April 14, 2018, the Deceased died, and on September 11, 2018, on the instant property 1 and 2, the ownership transfer registration was made on the ground of the instant legacy on September 11, 2018. At the time of the Deceased’s death, the instant real estate was 60,000,000 won for the lease deposit to the community center of the I Village Council (senior) that was borne by the Deceased.

E. As of April 14, 2018, the market price as of April 14, 2018 is KRW 885,823,380.

F. The F died on February 10, 1999 and succeeded to the property of the deceased, K, children, and M, who are the spouse, by inheritance on behalf of the deceased. On November 27, 1998, G succeeded to the property of the deceased by inheritance on behalf of the Plaintiffs. Ultimately, the property of the deceased was inherited by inheritance on behalf of the deceased at the ratio of E 3/11 shares, 3/7 shares, 2/7 shares, 3/7 shares, 2/11 shares, 3/7 shares, 2/11 shares, 2/11 shares, 1/2 shares, 1/2 shares, 2/11 shares, and 2/11 shares, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including additional numbers), the result of a request for appraisal of the market price of appraiser N by this court, the purport of the whole pleadings

2. The assertion.

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