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(영문) 제주지방법원 2019.01.10 2018가합11301

유류분반환 청구

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1. The Defendant’s KRW 512,273,620 as well as 5% per annum from November 30, 2017 to January 10, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 10, 2017, the deceased C (hereinafter “the deceased”) died. The deceased’s heir is the Defendant, who is a child, and the Plaintiff, who is a dependent.

B. Of the real estate listed in the separate sheet (hereinafter “each of the instant real property”), the registration of ownership transfer was completed on July 11, 1986 with respect to the land listed in paragraph (1) (hereinafter “instant land”) on September 4, 1998 and paragraph (2) on the land listed in the separate sheet (hereinafter “instant land”) on April 12, 198, and paragraph (3) (hereinafter “instant land”) on the land listed in the separate sheet (hereinafter “instant land”) on April 13, 1992, each of the instant land was donated to the Defendant on July 21, 2003, and the registration of ownership transfer was completed on July 30, 203.

C. On the other hand, on August 1, 1990 with respect to the land No. 2 of this case, two mortgage creation registration was completed around each of the two mortgages of the debtor, the deceased, the mortgagee D Depository, the maximum debt amount of 9,900,000 won. However, on the other hand, after the completion of the ownership transfer registration in the name of the defendant, the registration was cancelled on February 5, 2004.

As of March 10, 2017, the market price of each of the instant real estate was assessed as KRW 2,111,596,500 (i.e., the first appraisal value of KRW 2,127,586,500 (i.e., the first appraisal value of KRW 2,127,586,500) based on the fact that one grave had existed on the third land of this case as of March 10, 2017 where the deceased died.

E. There was no particular inheritance or inheritance obligation at the time of the deceased’s death.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence (including each number), the market price entrustment results of E-Appraisal Corporation and the fact inquiry results, the purport of the whole pleadings

2. Summary of the parties’ assertion as to the cause of claim;

A. Since there is a shortage in the Plaintiff’s legal reserve of inheritance by receiving each of the instant real estate from the Deceased, the Defendant sought the return of the money stated in the claim to the extent of the shortage in the Plaintiff’s legal reserve of inheritance

(b).