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(영문) 대전지방법원 2020.10.29 2017가단202217
유류분반환청구의 소
Text

1. Defendant D’s 10,605,235 won, respectively, and 5% per annum from June 23, 2020 to October 29, 2020.

Reasons

1. Recognizing the facts, the deceased F (the deceased on September 19, 2016) married with the deceased G (the deceased on December 13, 1980) (the deceased on December 13, 1980) constituted the Plaintiffs, the Plaintiffs, the children of the Defendant E, the children of the South-Nam, the South-Nam H 2 South, and the two women, and the G died, and there was no awareness between the deceased and the Defendant D on January 30, 1981.

On April 11, 2008, the Deceased sold the land I and J land to K, which is its owner, and donated the purchase price of KRW 50 million to Defendant D.

On July 29, 2014, the Deceased donated KRW 30 million to Defendant D by withdrawing KRW 30 million from the Nonghyup Bank account and remitting KRW 30 million to Defendant D’s Nonghyup Bank account.

At the time of the death of the deceased, the amount of deposit in the name of the deceased is KRW 5.6 million, and the amount of the deceased’s debt is KRW 1.6 million. The Plaintiff incurred KRW 5.6 million from the deposit account of the deceased, and the Plaintiff repaid the deceased’s debt of KRW 1.6 million, and acquired KRW 4 million and divided by the Plaintiffs.

The Deceased donated L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based.

On March 23, 2014, immediately after the deceased donated the land Nos. 1, 3, and 4 to Defendant E and H, the Plaintiffs, Defendant E, and H, who are the offspring of the deceased, prepared a letter as shown in the separate sheet (hereinafter “each of the instant notes”). As the deceased died, the Plaintiffs received KRW 9 million each of the additional notes except funeral expenses pursuant to paragraph (2) of the instant letter.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 7 (including each number; hereinafter the same shall apply).

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