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(영문) 수원지방법원평택지원 2017.08.29 2015가단46909

유류분반환 청구의 소

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1. The defendant is against the plaintiffs:

A. As to the shares of 19,454,129/1,405,396,020 of D forest land in Ansan-si, each of which is 6,92 square meters, respectively. < Amended by Act No. 13502, May 2015>

Reasons

1. The plaintiff's assertion

A. The primary claim E (hereinafter “the deceased”) died on May 29, 2015, and the Defendant voluntarily withdraws KRW 63,000,000, which is inherited property, and does not return KRW 18,000,000 each amount corresponding to the inherited property of the Plaintiffs. Therefore, the Defendant is entitled to make payment of the same.

The deceased completed the registration of transfer of ownership on May 22, 2015 with respect to shares of 2/14 square meters of D forest 6,992 square meters (hereinafter “the land of this case”) in Ansan-si owned by the deceased. As to shares of 1/7 shares of each of the land of this case upon the claim for the return of forced inheritance, the deceased sought the implementation of the registration procedure for transfer of ownership on the ground of the return of a copy of the complaint of this case on the date of service of a copy of the complaint of this case.

B. From May 28, 2015 to May 30, 2015, in cases where it is recognized that the deceased, from the account opened in the name of the deceased, the sum of KRW 6,300,000 that the Defendant left, was donated to the Defendant, the deceased sought payment of KRW 12,181,294, respectively, as a result of the return of legal reserve of inheritance, equivalent to the sum of KRW 1/7 shares of the instant land and KRW 85,269,060, the sum that the Defendant donated, as a result of the return of legal reserve of inheritance.

2. Determination on each part of the claim for return of KRW 18,000,000 (determination on the claim for return of inheritance portion)

A. In full view of the facts without dispute over affirmative inherited property, Gap evidence Nos. 1, 8, and 13 (including each number), the deceased died on May 29, 2015. The defendant is the deceased's spouse at the time of the death, and the inheritance shares of the plaintiffs are two-seven persons, respectively. The defendant withdrawn money from the deceased's account on May 28, 2015 to the account of the deceased on May 30, 2015; the defendant withdrawn money from the account of the deceased on May 30, 2015; the deceased's total sum of KRW 63,000,000,000 on May 30, 2015; the deceased's total sum of KRW 63,00,000 on May 26, 2015; the deceased's total of KRW 63,000,000 on the date of death; and the deceased's withdrawal on May 21, 2015.