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(영문) 서울북부지방법원 2015.04.17 2013나6399

유류분반환

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1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall set forth in attached Form 2.

Reasons

1. Facts of recognition;

A. Inheritance-related Network E died on October 17, 201.

At the time of death, the heir is a child of the defendant (Namnam), the co-defendant C (Namnam), the co-defendant C of the first instance trial, the co-defendant D (Seoul), the plaintiff (Namnam), and the F (F) who died earlier than the deceased, and the legal share of inheritance between the plaintiff and the defendant is one-fifth, respectively.

B. The inherited property network E owns 4,958 square meters of G-gun G-gun G-gun (hereinafter “G forest”) and 3,160 square meters of H forest (hereinafter “H forest”) as active property at the time of death, and the small property did not differ.

C. The donated property network E donated each real estate listed in the separate sheet No. 2 to the Defendant and the co-defendants of the first instance trial, and completed each registration of ownership transfer as indicated in the following table No. 1. On the other hand, the Plaintiff also donated G forest and H forest as active property at the time of the deceased’s death, but did not result in the registration of ownership transfer.

The list of donations on November 13, 2009, attached Table 2 List 1 of the Gifted on November 13, 2009, No. 2, CK on February 1, 2007, as the grounds for registration of the transfer of the donee's lot number on November 13, 2009, Defendant I, as the ground for registration of the transfer of the donee's lot number on November 12, 2009, and the list 4-6 (O on July 16, 2007, the list of donations on July 16, 2007, under paragraph 2, CK on November 12, 2009, and paragraph 3, D, M, N, and the list of donations on July 16, 2007, under paragraph 4-6 (7) of the same Table of the Gifted on July 16, 2007, P, July 16, 2007

D. In relation to the registration of the real estate listed in the separate sheet No. 1, while the real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”) was registered under the name of Dong E on June 28, 1997, and the ownership transfer registration was completed on November 25, 201 due to legacy.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4 (including each number), Eul's 1, Eul's 3-1, 2, Eul's 11, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff net E donated each real estate listed in [Attachment 1 and 2] to the defendant before his death, and also.