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(영문) 서울중앙지방법원 2015.08.19 2014가합18945

유류분반환

Text

1. From July 23, 2015 to July 23, 2015 among the instant lawsuit, the delivery date of the underground floor part among the real estate listed in the attached Table 2 shall be 639.

Reasons

1. Basic facts

A. C (D) died on November 23, 2012 (hereinafter “the deceased”), and as the inheritor of the deceased, there is the Plaintiff, who is a child of the deceased, as the deceased’s children, and as the deceased’s wife, as the deceased’s children.

B. On May 28, 2007, the Deceased donated 5/10 shares among the real estate listed in the annexed Table 3 attached to the deceased’s list owned by the Defendant, 4/10 shares to E, the Defendant’s spouse, and 1/10 shares to F, the Defendant’s wife, respectively. As to each of the above shares, the registration of transfer in the above shares was completed in the name of Defendant, E, and F, the Dongcheon District Court No. 25400 on May 29, 2007.

In addition, on June 27, 2007, the deceased donated 4/10 of the real estate listed in the attached Table 4 owned by the deceased to the defendant, 3/10 of the shares to the above E, 3/10 of the shares to G, who is the defendant's father, and 3/10 of the shares to the above shares to the defendant's father, and the registration of transfer of each of the above shares in the name of the defendant, E, and G was completed as of June 27, 2007 by the Dongcheon District Court No.

On the other hand, on the other hand, on December 27, 2007, the registration of the establishment of a neighboring mortgage of the National Agricultural Cooperative Federation, the maximum debt amount of KRW 204,000,000 (the changed from June 11, 2009 to KRW 108,000) was completed on December 27, 2007, the registration of the establishment of a superficies of a person with superficies was completed on the same day, the Agricultural Cooperative Federation, and the duration of 30

C. From the one bank account under the deceased’s name (H) to March 8, 201, KRW 120,500,000 was withdrawn, and the same amount was deposited in the one bank account under the Defendant’s name on the same day. On April 1, 2011, KRW 119,000,000 was transferred from the one bank account under the deceased’s name to the above one bank account under the Defendant’s name.

The Deceased owned 5/7 shares of each of the real estate listed in the separate sheet 1 and 2 as active property at the time of death (On the other hand, the remaining shares of each of the above real estate were owned by the Plaintiff and the Defendant, respectively). As to the shares of each of the above real estate owned by the Deceased, Seoul Central District Court No. 42717, Feb. 22, 2013, which was received on November 23, 2012, under the name of the Defendant based on legacy.