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(영문) 서울동부지방법원 2016.09.09 2015가합101793

유류분반환청구의 소

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1. The Defendant: (a) KRW 54,129,488; and (b) KRW 64,539,508 to Plaintiff B; and (c) each of them, from March 18, 2015 to September 16, 2016.

Reasons

Basic Facts

With respect to the second floor No. 201 of Songpa-gu Seoul Metropolitan Government D apartment No. 281 (hereinafter referred to as the "the apartment of this case"), the registration of ownership transfer was completed on December 29, 1989 on the ground of the "sale on December 5, 1989" in the name of Dong E (hereinafter referred to as the "the network"), and the registration of ownership transfer was completed on February 15, 2000 by the defendant's name on February 15, 200.

The Deceased died on September 22, 2014, and five children, such as the prime and the Defendant, F, and G, jointly inherited the deceased’s property according to their statutory shares in inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 6 and Eul evidence Nos. 1, 1, 2, 4, 5, and Eul evidence Nos. 6 (including a serial number, and hereinafter the same shall apply). The defendant asserted the purport of this court as to the purport of the whole pleadings received money from the deceased as a donation from the deceased, and the value of the apartment of this case and the money listed in the separate sheet Nos. 1,056,421,335 won in total at the time of the commencement of the inheritance. Accordingly, the plaintiffs' secured portion was infringed

The registration of ownership transfer is presumed to have been made based on legitimate procedures and causes, and according to the facts acknowledged in paragraph (1), the apartment of this case is presumed to have been purchased and owned by the deceased. The apartment of this case is presumed to have been donated to the defendant.

At the time of December 1989, the Defendant owned H apartment (hereinafter “H apartment”) in Seoul Special Metropolitan City, Nowon-gu at the time of the purchase of the instant apartment, and planned to sell it and purchase D apartment additionally. However, only one new apartment can be sold in the name of the deceased in the event that several households own the apartment subject to reconstruction in the same district, and the instant apartment can be registered for transfer of ownership in the name of the deceased.