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(영문) 수원지방법원 2016.07.21 2014가합73117

유류분반환청구 등

Text

1. Defendant H among the real estate listed in paragraph 2 of the attached Table No. 2, Defendant A, B, F, and G respectively 32,78,66/215,525,200.

Reasons

1. Basic facts

A. On April 23, 2012, J died (hereinafter “the deceased”). At the time of the deceased’s death, the deceased’s heir had Plaintiff C, who was the spouse of the deceased, C, and their children, as the deceased’s children, and Plaintiff C, their children.

B. On April 22, 201, the Deceased owned the real estate indicated in paragraph (1) of the attached Table of Real Estate List (hereinafter “instant apartment”) at the time of his/her death, by independently succeeding L, a spouse, who was a re-born spouse, as a result of his/her death.

C. On March 23, 2010, the Deceased donated 1/2 shares of each of the real estate listed in paragraph (3) of the attached Table No. 3 of the Real Estate List to the Defendants (hereinafter “instant third land and building”). On April 3, 2012, the Deceased bequeathed to Defendant H the real estate listed in paragraph (2) of the attached Table No. 2 of the Real Estate List (hereinafter “the instant forest”). Defendant H acquired KRW 63,00,000 from the Deceased upon receiving the gift of the third land and the building on the ground of this case.

As of April 23, 2012, the date of death of the deceased, the market price of the apartment of this case was KRW 230,00,000, the market price of the forest of this case was KRW 215,525,200, and the market price of the forest of this case was KRW 543,579,30 (= KRW 386,974,500 (land 3)) and the market price of the land and the building of this case was KRW 156,60,80 (land 3).

E. Plaintiff A, B, C, D, E, and H filed a claim for an adjudication on the division of inherited property against Plaintiff F and Defendant H by Suwon District Court 2014 Mahap528, 2015 Mahap530. On October 29, 2015, the said court rendered a judgment on the division of inherited property with respect to the instant apartment on October 29, 2015 as Plaintiff A, B, G, and F owned each of 7/35 shares, Plaintiff C’s 3/35 shares, Plaintiff D, and E owned each of 2/35 shares, and the said judgment was finalized as it is by the Seoul High Court 2015B375, 2015B3766, which was the appellate court.

(hereinafter referred to as “the instant case’s inherited property division trial.” Meanwhile, the Defendants occupied the instant apartment before the deceased’s death and possessed it on June 1, 2016.