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(영문) 부산지방법원 2018.08.22 2018가합41057

유류분 반환

Text

1. For the plaintiffs:

A. Defendant F shall hold 12,27,864/148,200,00 shares among the real property listed in paragraph 1 of each Schedule, attached Form.

Reasons

1. Basic facts

A. On September 6, 2016, the relationship I (J; hereinafter referred to as “the deceased”) between the parties died.

As the inheritor of the deceased, the plaintiff A and the plaintiff as his child.

B. There are Plaintiff C, Plaintiff D (Name E), Defendant F, and Defendant G.

Defendant H is the wife of Defendant F and the deceased.

B. At the time of the deceased’s death, there was no active property or inheritance liability for the deceased at the time of his death.

C. On March 12, 1988, the deceased’s donation 1) on the deceased’s heir’s death, on March 12, 1988, the real estate indicated in attached Table No. 1, which was owned by the deceased under trust with the deceased’s name (hereinafter “instant real estate No. 1”).

On March 16, 1988, the deceased transferred the registration of ownership transfer on the ground of sale on March 12, 1988 with respect to the above real estate to Defendant F. (2) On December 1, 2010, the deceased donated 1/2 shares of the real estate listed in attached Tables 3 and 4 (hereinafter “each of the instant real estate”) to Defendant F and Defendant H, respectively, and completed the registration of ownership transfer on December 1, 2010 with respect to each of the above real estate to Defendant F and Defendant H on December 6, 2010.

3) On August 24, 2005, the Deceased’s on August 24, 2005, the real estate indicated in [Attachment List 5 and 6 (hereinafter “each of the instant real estate”).

on August 25, 2005, Defendant G completed the registration of ownership transfer on the ground of donation on August 24, 2005 with respect to each of the above real estate on August 25, 2005 (based on recognition). [This ground] The fact that there is no dispute, Gap evidence 1 through 5, and Eul evidence 1 (including the serial number; hereinafter the same shall apply)

- The purport of the whole pleadings

2. Defendant F, on April 24, 2015, paid KRW 30,000,000 from Defendant F to Defendant F’s Defendant F’s defense on the merits against Plaintiff F, and the Plaintiff F, upon receiving the payment from Defendant F on April 24, 2015, agreed that Defendant F would not file a civil or criminal objection against Defendant F in relation to the property donated to Defendant F. Thus, Plaintiff F’s forced inheritance against Defendant F.