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(영문) 수원지방법원 2015.12.08 2014가합9451

소유권이전등기 (유류분반환)

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1. The Defendant’s each of the Plaintiffs’ KRW 53,005,833 and each of them is 20% per annum from June 26, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on March 12, 2014, and the deceased’s heir is the Plaintiffs and the Defendant, who are their children.

B. On April 24, 1984, the Deceased completed the registration of ownership transfer based on the sale and purchase of the real estate listed in paragraph (1) of the annexed Table No. 1 (hereinafter “real estate No. 1”), and newly constructed the real estate listed in paragraph (2) of the annexed Table No. 2 (hereinafter “second real estate”) on that ground, and completed the registration of ownership transfer on February 28, 2002. On December 11, 2006, the registration of ownership transfer was completed for the Defendant on December 11, 2006 on the real estate No. 1 and 2.

C. On June 24, 1976, the deceased’s husband, deceased E (the deceased’s husband before the deceased’s death on February 19, 2005) completed the registration of ownership transfer due to the sale and purchase of the real estate listed in Paragraph (3) of the Attached List (hereinafter “third real estate”). On that ground, the registration of ownership transfer was completed on February 28, 200 after newly constructing the real estate listed in Paragraph (4) of the Attached List (hereinafter “fourth real estate”) on that ground. The registration of ownership transfer was completed on December 24, 1976 on the real estate listed in Paragraph (5) of the Attached List No. 5 (hereinafter “five real estate”). On February 19, 2005, the deceased, the plaintiffs, and the defendant inherited on February 19, 2005 and completed the registration of ownership transfer due to the inheritance and shares of the plaintiffs and the defendant as to the above shares.

Plaintiff

A on December 12, 2007, filed a lawsuit claiming a partition of co-owned property as to real estate Nos. 3, 4, and 5 against the deceased, the plaintiff B, and the defendant (U.S. District Court 2007Kadan107541), and August 1, 2008, the court rendered a ruling of recommending a compromise to the effect that "the defendant acquires the plaintiffs' shares among the 3, 4, and 5 real estate at each of the 65 million won, and the 3, 4, and 5 real estate shall own 6/9 shares, and the deceased shall own 3/9 shares," and it becomes final and conclusive around that time. The defendant on October 1, 2008.