beta
(영문) 부산지방법원동부지원 2015.09.18 2013가단19399

유류분반환

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 8,024,134 and its full payment from January 13, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. Nonparty F (hereinafter “the deceased”) died on September 27, 2012, and the Plaintiff and the Defendants, and Nonparty G, as their children, are the inheritors (one fifth of each inheritance shares).

B. The Deceased completed the registration of ownership transfer on the ground of sale on March 4, 1998 for the first real estate of this case.

C. After the death of the deceased, the Plaintiff completed the registration of ownership transfer on September 27, 2012, based on a testamentary gift No. 23 of Samsung 2007, which was made on September 27, 2012 by a testamentary gift No. 2007.

Defendant D presented against the Plaintiff.

After the establishment of the notarial deed in this case, 1/3 of the shares in the real estate No. 1 in this case were bequeathed to the Defendants, and as the notarial deed No. 146 in Samsung 2012 was prepared, the contents of the previous notarial deed were withdrawn, so the contents of the previous notarial deed were revoked, and thus, the lawsuit was filed for the claim for cancellation of ownership transfer registration with the purport that the ownership transfer registration in the Plaintiff’s name should be revoked.

E. The Defendants completed the registration of ownership transfer based on a testamentary gift dated February 24, 2012, after cancelling the registration of ownership transfer under the Plaintiff’s name based on the said final judgment.

F. The deceased’s return 2,400 square meters or less at Yangsan-si is the second real estate of this case.

on September 29, 1979, after completing the registration of ownership transfer due to sale and purchase on April 5, 1970, the same year; and < Amended by Act No. 6905, Jan. 20, 2003>

1. Around April 17, 2013, the Plaintiff completed the registration of ownership transfer on the ground of a 17th donation, and the Plaintiff sold the said real estate to Nonparty I for purchase price of KRW 275,000,000, and completed the registration of ownership transfer.

G. At the time of the deceased’s death of the real estate No. 1 of this case and the market price at the time of the conclusion of the pleadings of this case is KRW 83,468,00.

[Reasons for Recognition]