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(영문) 대전지방법원천안지원 2016.12.02 2016가합100211

유류분반환 청구의 소

Text

1. The Defendant: (a) KRW 29,194,152 for each of the Plaintiffs; and (b) 5% per annum from March 15, 2016 to December 2, 2016 for each of the Plaintiffs.

Reasons

1. Basic facts

A. G’s death and inheritance 1) G’s husband who is the Defendant’s husband (hereinafter “the deceased”).

(2) On January 14, 2015, the deceased died. 2) At the time of the deceased’s death, the deceased’s wife was the deceased’s wife, and the deceased’s wife, A, B, C, D, E, J (name before the name of the deceased: K), L, and M.

B. At the time of death, the Deceased owned the real estate owned by the deceased, 20 square meters, 1/2 shares among the 825 square meters, 300/6, 446 shares in P, and Q 365 square meters, among the 6,446 square meters of forest land at the time of death.

C. On June 20, 2006, the registration of ownership transfer was completed on the deceased on May 11, 1999 with respect to the 58m2, 150m2, 150m2, 159m2, 00m2,356m2, in the Dong-gu, Seoul Special Metropolitan City of the Real Estate Donation to I, and on May 11, 1999, the registration of ownership transfer was completed on the deceased on the ground of “the donation on May 8, 199,” respectively. (2) Defendant, J, 206 on June 20, 2006, 1/3m2, 5m2, 61m2, 50m2, 50m2, 207m2, 207m2,” and the land category was changed from the deceased on June 20, 206.

On June 20, 2006, the registration of ownership transfer was completed on June 7, 2006 on the ground that "the donation was made on June 7, 2006 to the deceased."

【Ground of recognition】 The whole purport of each entry and pleading of Gap's No. 1, 4, 6, 11 (including branch numbers; hereinafter the same shall apply)

2. The parties' assertion

A. The plaintiffs 1 ① the Defendant, as recorded in the above basic facts, donated the deceased’s real estate, and received KRW 60,000,000 in cash from the deceased on January 25, 2005, as shown in the No. 4 and No. 5 attached Table. ② The deceased’s son donated the deceased’s real estate as stated in the above basic facts. ③ The deceased’s son’s son was donated, ③ The deceased’s son’s son was donated, and L was donated from the deceased as stated in the above basic facts.