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(영문) 인천지방법원 2016.01.29 2015가합51940

유류분청구

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) C is limited to the network D (hereinafter “the network”).

(2) The Plaintiff, the Defendant, and the Defendant are the husband of the deceased, and the deceased were the children between C and the deceased. 2) The deceased died on September 7, 2004 (hereinafter “the commencement date of inheritance”), C, E, and the Plaintiff and the Defendant inherited the property of the deceased at the ratio of 2: 2:0 shares.

B. The first lawsuit between the Plaintiff and C is against the Plaintiff on August 5, 2005, and C on March 5, 2001, on condition that C and the Deceased, whose parents are parents, gather the Plaintiff, the real estate listed in attached Table No. 1 (hereinafter “F land and buildings”).

The portion of the 1/2 shares, and on July 20, 2004, the real estate listed in attached Table 2 (hereinafter referred to as “G apartment 21 Dong 103”) are only referred to as “G apartment 21-dong 103.”

A) Each donation was made by the Plaintiff, on the grounds that the Plaintiff did not gather C and rather exercised violence after the death of the deceased, filed a lawsuit seeking the cancellation of each of the above gift agreements and restitution of each of the above real estate (in the first lawsuit on March 10, 2006, Incheon District Court 2005Gahap11226, hereinafter “the first lawsuit”). (2) In the first lawsuit procedure on March 10, 2006, the following adjustment was concluded between the Plaintiff and C (hereinafter “the first mediation clause”). (hereinafter “the first lawsuit”).

1. On April 24, 2006, upon arrival:

A. C implements the procedure for the transfer registration of shares on the ground of this conciliation with respect to 1/2 of shares in C among F land and buildings;

B. The Plaintiff notified C of the purport that I would transfer the right of lease under 2-17 located in Bupyeong-gu Incheon Metropolitan Government H and two parcels, and that I would transfer it as above to Incheon Metropolitan City;

C. The Plaintiff succeeds to the status of all lessors with respect to F land and buildings from C;

D. C ordered G apartment 21 Dong 103 to the Plaintiff,

E. C shall pay KRW 65,000,000 to the Plaintiff.

2.C withdraws an application for provisional injunction against disposal of real property in this Court 2005Kahap152.

3.C.