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(영문) 서울동부지방법원 2018.01.26 2016가단117958

유류분반환

Text

1. The Defendant shall make an agreement on April 20, 2016 with respect to one-third share out of 1,913 square meters in the wife population C, which is permissible to the Plaintiff.

Reasons

1. Basic facts

A. D A. On August 2, 2015, following the death of August 2, 2015, D succeeded to the property of the deceased, E, F, G, H, I, the Defendant, and the Plaintiff (hereinafter “the deceased”).

B. The Deceased, together with the above three persons, donated real estate owned by F, G, and Defendant (hereinafter referred to as “Defendant, etc.”) as indicated below, and completed the registration of transfer of ownership in the name of the Defendant, etc. with respect to one-third of each of the above real estate.

On November 2, 05, 06, Nov. 2, 005, 205, the wife population K 369 square meters on the date of the registration of transfer of real estate ownership in question, and on November 3, 2006, L 37 square meters on Nov. 3, 2005, M 1,160 square meters on Nov. 4, 05, 219 square meters above 50 square meters on Nov. 4, 2005, the wife population C 1,913 square meters above 436 square meters prior to P 7 P, as above, and 1,058 square meters prior to Q 1,134 square meters prior to P, as above, 100 square meters prior to P, Jun. 0, 205, 2005

The real estate listed in paragraphs 7, 8, and 9 of the above Do chart was merged on September 22, 2015 and became 2,628 square meters prior to the wife population at the permissible time. F thereafter donated 1/6 shares of each of the real estate listed in paragraphs 1 through 5 of the above Do chart to G and the Defendant, and completed the registration of ownership transfer under G and the Defendant’s name on November 25, 2015. G and the Defendant sold 1/2 shares of each of the real estate listed in paragraph 2 of the above Do chart to T and completed the registration of ownership transfer in the name of T on January 15, 2016.

The inherited property of the deceased is as listed below in the following table.

The inheritance obligation of inherited property is worth KRW 35,065,960, KRW 223,152,764, in a case where it is permitted to sell a single-story house with the wife population of KRW 369,00,000 for 369,000 for 369,000 for 35,065,000 for 369,000 for 33,000 for 362,764

E. On April 20, 2016, when the lawsuit of this case was pending, the Plaintiff agreed with the Defendant and G as follows regarding the Plaintiff’s claim for the return of legal reserve of inheritance:

(hereinafter referred to as the “instant agreement”). ① The Defendant et al. transfers to the Plaintiff all their respective ownership shares in relation to the wife population C 1,913 square meters.

② The Plaintiff shall constitute donated property of the Deceased.