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(영문) 서울서부지방법원 2016.02.04 2012가합7731

유류분반환

Text

1. Plaintiff A, Defendant D’s 283,260,594 won, Defendant E’s 363,258,292 won, and each of them shall be from March 13, 2015 to March 13, 2016.

Reasons

Basic Facts

Plaintiffs, Defendants, F, G, and H are children of the network I (hereinafter “the deceased”) and the network J.

On July 4, 2011, the Deceased died (hereinafter “the date commencing the instant inheritance”). The deceased and the Plaintiffs, Defendants, F, G, and H (hereinafter “he co-inheritors”) inherited the Deceased.

(hereinafter “instant inheritance”). The Network J died on June 4, 2014.

At the time of the commencement of the instant inheritance, the Deceased had a claim for repayment of KRW 432,838,160 against K Co., Ltd. (hereinafter “K”), operated by the Deceased at the time of the instant inheritance, and had a claim for deposit amounting to KRW 15,716,752 against the Suhyup Bank and the National Bank of Korea.

There was no active or negative property for the deceased.

[Ground] Facts without dispute, Gap's each statement of Nos. 1, 2, 4, 8, and evidence Nos. 1, 1, 1, and 1 (including numbers; hereinafter the same shall apply) and the overall purport of the pleadings, and the overall purport of the pleadings, as to the plaintiff Eul's primary claim, each of the real estate listed in the separate sheet Nos. 1 and 2, donated by the deceased, is substantially nominal trust, and each of the above real estate is included in the inherited property.

Therefore, Defendant C, Defendant D, and Defendant E are obligated to implement the registration procedure for ownership transfer based on the recovery of each inherited property with respect to each of the 1/8 shares of the real estate listed in the separate sheet No. 1, and the 1/8 shares of the real estate listed in the separate sheet

Judgment

In full view of the overall purport of the pleadings in the statements Nos. 3, 6, 3, and 8, Defendant D is the owner of the real estate listed in the annexed sheet No. 1 and Defendant E is the owner of the real estate listed in the annexed sheet No. 2. Defendant D completed the registration of transfer of ownership based on donation from the deceased as to the real estate listed in the annexed sheet No. 1 through No. 8 (the same shall apply to the real estate listed in the annexed sheet No. 1, No. 3, and the real estate listed in the annexed sheet No. 2 through 8).