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(영문) 서울중앙지방법원 2020.10.29 2018가합576555

유류분반환 청구의 소

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1. The defendants share 54,971,667/343,236,666,6666 among each real estate listed in the separate sheet No. 1 list to the plaintiff.

Reasons

1. Facts of recognition;

A. The relationship between the Parties 1) the network E (FF, hereinafter referred to as “the network”);

(2) On February 21, 2018, the deceased died, and the co-inheritors are the son born between the deceased and his spouse G (H students, death on September 2, 2003) (J students), the South-Nam K (L students), the son M (N students), the plaintiff A, the son, the son, the plaintiff A, the son and the son P. 2) the defendant B is the son of the I, the defendant C is the son of the K, and the defendant D is the son of M.

B. The registration of ownership transfer of each real estate listed in the separate sheet No. 2 list 1) Q, R, S, T, U,V, and W (hereinafter the above real estate collectively referred to as “attached 2 real estate”).

On December 9, 2005, the transfer of ownership was completed under the name of the Defendants and I, K, and M. (2) The shares of the Defendants in attached Form 2 are 11/100, 10/100, MM 17/100, 17/100, 23/100, 16/100, 100, and 16/100, and the shares in attached Form 2 are 94,54,00 won at the time of commencement of the inheritance.

C. At the time of the deceased’s death, property and legacy 1) At the time of the deceased’s death, each of the real estate listed in the attached Table 1 list (hereinafter “attached Table 1”).

On June 5, 2013, the Deceased bequeathed 1/3 shares of the attached real estate to the Defendants on June 5, 2013, and the Defendants completed the registration of ownership transfer on the attached real estate on April 3, 2018. The market price at the time of commencing the inheritance of the attached real estate was KRW 1,179,710,000, and the Deceased entered into a lease agreement with the Defendants on January 21, 2015 on the attached real estate Nos. 1, 2, 150,000 and 2,50,000,000 won among the attached real estate (hereinafter “X real estate”). Y completed business registration on February 26, 2015 and operated a restaurant until now.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (if there are various numbers, including numbers; hereinafter the same shall apply) and the result of entrustment of appraisal of the appraiser Z, against AA.