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(영문) 수원지방법원평택지원 2016.06.08 2014가합4288

유류분청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On April 6, 2007, the deceased C (hereinafter “the deceased”) such as the status as a party, died. At the time, there was a plaintiff, defendant, D, E, and F, who was a child.

The deceased shall not have any property or obligation he had owned at the time of his death.

On March 21, 1993, the deceased, such as the donation of real property to the Defendant, donated G reply 682 to the Defendant at Ansan-si on March 21, 1993.

(hereinafter “instant gift”). The said G-gu land of 682 square meters in Ansan-si was composed of 610 square meters in G, H, 577 square meters in H, I road, 15 square meters in J, and 1,049 square meters in total (hereinafter “instant real estate”).

On February 22, 1995, the Deceased donated 58/75 shares out of 284 square meters in Ansan City to E.

The Korea Land and Housing Corporation shall acquire the real estate of this case from the defendant in consultation with the total amount of 886,244,320 won, and completed the registration of ownership transfer on July 31, 2012.

The market price of the real estate, etc. of this case is 224,480,000 square meters 610 square meters in G-si in Ansan-si in 1 Ansan-si in the market price of the real estate, etc. of this case, which is 1,830,000 square meters 577 square meters m212,336,000 m229,731,000 m229,040 m229,040 m25,000 m248,58/75,745,60 in total, 738,922,600 at the time of the death of the deceased, as follows:

[Recognition] In the absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 5 and 11 (including each number), appraiser L’s appraisal result, the plaintiff’s assertion on the ground of claim for determination of the overall purport of the pleadings did not have any property or obligation at the time of death, and before the death, the plaintiff’s assertion on the ground of claim for determination of the overall purport of the pleadings donated 58/75 shares of the real estate in this case to the defendant and E, and 738,92,600 won in total of the market price of the real estate in this case (= 688,37,000 won in total).

At the time of the death of the deceased, the amount of legal reserve of inheritance and the amount infringed upon by legal reserve of inheritance = the above 738,92,260 won = the above 738,92,60 won x the inheritance of the plaintiff 1/5 x the legal reserve of inheritance 1.