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(영문) 제주지방법원 2020.09.15 2019나13810

유류분반환청구

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1. At the request of the plaintiffs extended or reduced in the trial, the judgment of the first instance is modified as follows:

Reasons

1. The deceased I (hereinafter “the deceased”) died in March 2017. At the time, the deceased’s heir 11 (T, U, A, L, V, Plaintiff B, Plaintiff C, Defendant E, Defendant D, Defendant F, and W as the heir of the deceased, and there was the wife of the deceased (the deceased’s son) and M and I (the deceased’s son) who died earlier than the deceased.

On May 22, 2015, the Deceased donated 857 square meters (hereinafter “real estate 1”) to Defendant E in Seopopo-si, Seopo-si, and completed the registration of ownership transfer on May 26, 2015.

On May 26, 2006, the Deceased donated 2,939 square meters (hereinafter “second real estate”) to Defendant F on May 26, 2006, and completed the registration of ownership transfer on May 29, 2006.

On May 22, 2015, the Deceased donated L on May 2, 2015, 4,774 square meters (hereinafter “third real estate”) prior to S in Seopopopo City, and completed the registration of ownership transfer on May 26, 2015.

With respect to the third real estate, on January 23, 2003, the establishment registration of mortgage was completed prior to the said donation. The secured obligation of the said right to collateral was fully completed on February 29, 2016. < Amended by Act No. 14475, Feb. 29, 2016>

Unless there are circumstances such as L's repayment of this secured debt, it shall be deemed that Defendant F, the debtor, repaid the debt. Accordingly, the value of the third real estate is the L's inheritance value, which is included in the basic property for calculating legal reserve of inheritance.

On the other hand, R was the father of the deceased and died on January 21, 1975. With respect to Qba 396 square meters (hereinafter “fourth real estate”) owned by R, on July 10, 1981, R completed the registration of ownership transfer (a cause: donations on October 8, 1968) under Act No. 3094 (Special Measures for the Registration, etc. of Real Estate Ownership) in the name of K on July 10, 1981, and thereafter on January 8, 2015, the registration of ownership transfer (a cause: inheritance by consultation division on October 12, 2009) was completed in the name of Defendant G.

On September 15, 2015, the Deceased donated KRW 36,000,00 to Defendant F in cash.

Positive at the time of the deceased’s death.