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(영문) 의정부지방법원 2021.01.14 2019가합60554

유류분반환청구 등

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Defendant E’s 100,159,435 won to Plaintiff A, and 66,772,956 won to the rest of the Plaintiffs, as well as each of the said money. < Amended by Presidential Decree No. 22669, Nov. 1, 2020>

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A is the husband of the network G, and Plaintiff B, C, and D are children of the network G.

The net G died on July 9, 2009.

2) The deceased H (hereinafter “the Deceased”) died on May 21, 2019, which was after the deceased’s death. The deceased’s heir has wife I, children E, F, and net G (the heir of the deceased).

B. The deceased’s donation 1) Defendant E received from the deceased a donation of 193m2 and 4m2 above ground (hereinafter collectively referred to as “J real estate”) from the deceased, and completed the registration of transfer of ownership on the ground of donation on December 22, 2009.

J At the time of commencement of inheritance of real estate, the value is 2,784,915,420 won (=site 2,547,60,000 building 237,315,420).

2) In addition, on January 6, 2010, the Defendant completed the registration of change of the collateral security right (the maximum amount of 2.60 million won, and the neighboring mortgagee K Association) established on December 14, 2009 with the deceased’s debtor on J real estate as the debtor, on January 6, 2010. Defendant E completed the registration of change of the collateral security right that changes the debtor from the deceased to Defendant E, and Defendant E’s loan obligation that the deceased acquired from the deceased in relation to the above change of collateral security is KRW 20

3) At the time of the donation, the Deceased assumed the obligation to return the lease deposit amounting to KRW 365 million in total with respect to the building of J real estate at the time of the donation.

(c)

The Defendant F, who donated the deceased’s Defendant F, received the donation from the deceased on the deceased for a 678m2 (hereinafter “L real estate”) and completed the registration of the transfer of ownership on January 21, 2009.

The value of L real estate at the time of commencement of inheritance is KRW 1,966,200,00.

(d)

1) The deceased’s inherited property had a deposit claim of KRW 8.6 million. Of them, I brought KRW 4.6 million, and the Defendants brought KRW 200 million, respectively.

2) As the deceased’s inheritance obligation, there was KRW 6,400,205 of the card price liability.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 20, Eul evidence Nos. 5, 12 and 13, the result of appraisal by this court appraiser on May 21, 2020, and the whole of the arguments.