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(영문) 서울중앙지방법원 2019.11.27 2018가단5126040

유류분 반환청구의 소

Text

1. The defendant shall be the plaintiff.

A. With respect to 384/100 of shares in the real estate listed in the separate sheet, October 22, 2019.

Reasons

1. Basic facts

A. The deceased C (Death on September 19, 201) and the deceased deceased D (Death on June 4, 2016, hereinafter only referred to as the deceased) are E (1) children, the defendant B (2) children, the plaintiff A (3) , the deceased (4) and G (1). The F (4) died on May 8, 201, prior to his/her parents, and the defendant reported the renunciation of inheritance with the resident stay support of the Daegu Family Court on August 31, 2016, following the death of the deceased, and the above report was accepted on September 27, 2016.

B. The Deceased, except the Plaintiff, bequeathed the entire property to the Defendant, E, and G, and the list and its value (based on the market value of real estate as of September 12, 2018 near the date of the commencement of pleadings) of the Deceased’s property at the time of the commencement of the inheritance are as follows:

On the other hand, both the plaintiff, the defendant, E, and G, who are the inheritor of the deceased, did not receive special benefits.

Defendant 1/21/30,00 in the case of Defendant 1/30 in the case of H apartment I, 45.55 1/214,00 in the case of the obligation to refund the deposit money for lease of 1/45.55 1/2,000 in the case of the deceased’s share in the real estate area of the deceased: 1/4 E: 1/410 in the case of 25 million won: 25 million won in the case of the Defendant: 45.90 1/214,00 in the case of H apartment K, 45.90 3: 1/214,00 in the case of 1/21,00 in the case of 44 million won in the case of 1/21,00 E: 5 million won in the case of the building M, and 60/232,00 in the case of G1/60,700,000 won in the case of G.

C. On July 10, 2017, the Defendant completed the registration of ownership transfer with respect to the shares of each real estate bequeathed from the Deceased, and among them, sold the shares of H apartment I to N on August 1, 2017 and transferred the ownership to N on the same day.

On May 22, 2017, the Plaintiff filed a lawsuit against E and G seeking the return of the Plaintiff’s shortage of legal reserve of inheritance (Seoul Central District Court 2017dan5101617). The Defendant participated in the said lawsuit as the Intervenor joining the Defendant, and this Court on October 17, 2018 “the Plaintiff,” the Plaintiff on October 17, 2018:

A. Defendant E’s share of 139/10,00 of H apartment J real estate and 10.0 of H apartment K real estate.