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(영문) 의정부지방법원 고양지원 2018.11.28 2018가단71287

유류분반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 24, 2011, the deceased C (hereinafter “the deceased”) died after having left the Plaintiff, the Defendant (former name D), E, F, and G, a bereaved family member, who was a bereaved family member.

B. On March 7, 2011, the registration of transfer of ownership was completed on February 28, 201 under the name of the Defendant, as to the housing of the H large 216 square meters and the second floor of the brick sloping roof (hereinafter “instant real estate”) located in Jeju-si, Jeju-si, which was owned by the Deceased.

C. On August 22, 2001, the instant real estate was revoked on June 14, 201, after the establishment registration of a neighboring mortgage, which caused KRW 72 million to the National Bank of Korea, the Obligor, the Deceased, the maximum debt amount, and KRW 45,980,650, as of April 24, 201, the deceased’s death.

On the other hand, on December 17, 2015, Jeju City Fisheries Cooperatives completed the registration of creation of a neighboring mortgage which caused the creditor, the debtor, the maximum debt amount of 71,500,000 won.

E. On April 12, 2018, the market price of the instant real estate is KRW 188,132,800 (=land KRW 163,080,000).

F. On August 17, 2015, the Defendant prepared and sent a written confirmation (hereinafter “instant confirmation”) as follows to the Plaintiff on August 17, 2015, when there was a dispute between I, the husband of the deceased, and K and L, the former wife J’s children, and the Defendant.

In lieu of the ownership of H at Defendant Jeju, M, N, andO inheritance shares are waived.

P shall pay the penalty after calculating the actual cost and transfer the ownership to the defendant.

(other than 1/7) . [Grounds for recognition] without dispute, entry in Gap evidence 1 through 5 (including paper numbers), appraiser Q’s appraisal result, the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion infringed on the plaintiff's legal reserve of inheritance [1/10=10 x 1/2) of co-inheritors by unilaterally receiving the real estate of this case, which is the only property of the deceased, from the deceased, who is the deceased. The defendant established the right to collateral security on the real estate of this case thereafter.