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(영문) 부산지방법원 2020.05.15 2019나40642

유류분반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the reasoning of the judgment of the first instance, except for the addition as follows. Thus, this part of the basic facts is cited by the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added to the third page 11 of the judgment of the first instance.

(D) On September 17, 1973, the deceased purchased AE 2,975 square meters (hereinafter “AE land”) in Gangseo-gu, Busan on September 17, 1973, and completed the registration of ownership transfer under the name of the defendant on September 20, 1973. On May 30, 1962, the deceased purchased Gangseo-gu, Busan on May 30, 1962, and transferred the registration of ownership under the name of the deceased, but transferred the ownership on September 17, 1973 to AG, a private village of the deceased. After purchasing the same land from AG and completing the registration of ownership transfer under the name of the defendant on December 17, 1974.

(E) On May 10, 1976, the Deceased purchased approximately 618 square meters U.S. 618 square meters (hereinafter “U land”) and donated the registration of ownership transfer under the name of the Defendant on May 15, 1976.

(F) From October 24, 2012 to April 30, 2015, the Defendant received KRW 35,062,310,00 from the GH branch of the GH Mutual Aid Association, which received from the GH branch of the GH Mutual Aid Association, the sum of the treatment costs and damages for traffic accidents caused by Obaba in 2012, as one’s own RB bank account, and donated the said amount.

The following shall be added to the third page following the last page of the first instance judgment:

In addition, on June 30, 1986, the deceased purchased 2,975 square meters, AJ 1,498 square meters, AK 1,468 square meters, respectively, and donated the above land under the name of F on July 7, 1986.

Part 5 of the first instance judgment [based ground for recognition] added "The statement of evidence Nos. 20, 21, 24, and 25 of the A, the testimony of witness F of the party trial, the fact-finding results on the GH branch of the GH branch of the court of the first instance."

2. The reasons why the court should explain this part of the claim for restitution of forced portions are either changed or added as follows.