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(영문) 수원지방법원 2019.11.07 2019가합16577
유류분반환
Text

1. Plaintiff B and Plaintiff A’s successor Intervenor C, Defendant D’s respective KRW 84,067,777, and Defendant E’s respective KRW 20,032,056 and each of them.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on September 22, 2015. The deceased’s property heir is the Plaintiffs, the Defendants, G, and network H (Death on March 5, 2006)’ spouse I and their children J, etc. (hereinafter “the instant heir”).

B. At the time of the death of the deceased, each of the real estate listed in [Attachment 1 Property Table Nos. 1 and 2 (hereinafter “each of the instant real estate”) and the motor vehicle listed in [Attachment 1] Nos. 12 (hereinafter “the instant motor vehicle”), each of the deposit claims in KRW 868,956,537 (hereinafter “each of the instant deposit claims”) listed in the Nos. 3 through 9 of the same Table, and the rents and private school pension claims listed in [Attachment 10 and 11] of the same Table.

C. Before the death of the Deceased, the Deceased’s “Insurance Company” as indicated in the “Insurance Claim Table 3” refers to the amount of insurance money to be paid by each insurance company to the beneficiary at the time of the death of the Deceased as a statutory inheritor, and the amount of insurance money to be paid to the beneficiary at the time of the death of the Deceased is as indicated in the “Insurance Claim” stated in the same Table.

On September 17, 2015, the Deceased participated in L and M as Law Firm K Preparation No. 205 on September 17, 2015, and the real estate and the motor vehicle of this case were transferred to Defendant D with a testamentary gift (hereinafter “instant testamentary gift”) with the content that each of the instant deposit claims and the respective life insurance proceeds under No. 1 and No. 2 of the attached Table No. 1 and No. 2 of the Insurance Money table No. 3 and No. 5 of the same Table are transferred to the Defendants, and each of the other life insurance proceeds under No. 3 and No. 5 of the attached Table No. 3 of the same Table are transferred to school juristic persons N (hereinafter “N”) and other financial assets and cash assets are transferred to the Defendants each by universal title.

E. From some insurers around June 2017 and around July 2017, Plaintiff A was 60,875,471 won (P 35,367,371 Won Q25,508,100) and Plaintiff B was 60,875,472 won = P 35,367,372 Won Q25,508.

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