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(영문) 인천지방법원 2019.09.17 2017가단255282

유류분반환청구의 소

Text

1. The Defendant’s KRW 3,225,139 as well as the Plaintiff’s annual rate of 5% from December 15, 2017 to September 17, 2019.

Reasons

1. Basic facts

A. The defendant is the spouse who reported the marriage on March 24, 1975 and the plaintiff, D, E, and F are C's children.

B. C purchased Han-gu G land on March 21, 1989 and completed the registration of ownership transfer on April 25, 1989, and was owned by constructing a new building on the said ground (hereinafter “G real estate by combining the aforementioned land and buildings”), and sold KRW 375 million to H and I on April 5, 2006, and completed the registration of ownership transfer on May 1, 2006.

In the sales contract with H, KRW 15 million, the intermediate payment of KRW 25 million on the date of the contract, the intermediate payment of KRW 25 million on April 10, 2006, and KRW 235 million out of the remainder, respectively, was paid on May 10, 2006, and H was decided to succeed to the loan and the lease deposit of KRW 100 million.

C. On August 7, 2006, the Defendant purchased the J-owned Land and Buildings (hereinafter “J-owned Land”) in KRW 190 million and completed the registration of ownership transfer on September 27, 2006.

1) From May 10, 2006, the amount of KRW 48,800,250 was deposited from C’s K Association account (Last L), and KRW 48,800,250 was deposited on May 11, 2006 with the Defendant’s K Association account (Last M). 2) The Defendant’s K Association account was deposited with KRW 230,000,000 on May 11, 2006.

3) From the K Association account of C to May 24, 2006, KRW 29.5 million was deposited from May 24, 2006, and KRW 29 million was deposited from C with the Defendant’s above K Association account on the same day. E. Meanwhile, from the K Association account of C on April 6, 2006, the check is KRW 15 million (the same amount as the G real estate sales contract deposit) with the check on April 6, 2006.

) This, on April 11, 2006, KRW 24 million (G real estate sales contract and intermediate payment and KRW 1 million) as a check.

) The deposit has been made (based on recognition: without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 3 (including paper numbers), the result of the inquiry into H by this court, the order to submit the financial transaction information of the O bank and the purport of the whole pleadings.

2. The parties' assertion

A. Basic property in calculating the Plaintiff 1’s legal reserve of inheritance (C) G real estate received from H.