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(영문) 수원지방법원안양지원 2020.12.17 2018가단106638
유류분반환청구의 소
Text

1. On November 23, 2018, the Defendant against the Plaintiffs regarding one-xis of each of the real estate listed in the separate sheet.

Reasons

Facts of recognition

On September 24, 2017, the status D (hereinafter referred to as “the deceased”) of the parties died.

As the inheritor of the deceased, there are E, the Plaintiffs, the Defendant, and F, who are their spouse.

The Deceased’s disposal of the real estate before his birth owned each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) before his birth, but donated the instant real estate to the Defendant on July 30, 2012.

On July 31, 2012, the Defendant completed the registration of ownership transfer on the instant real property by donation from the Suwon District Court No. 58891 to July 30, 2012. The value of the instant real property at the time of commencement of inheritance due to the death of the deceased is KRW 920,990,000.

Meanwhile, on February 25, 2013, after completing the registration of ownership transfer concerning the instant real estate on February 25, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage by the maximum debt amount of KRW 240 million, the debtor, the defendant, and the mortgagee G association as of February 25, 2013.

On February 19, 2016, the beneficiary of the right to claim for life insurance and the deceased who received the insurance proceeds of the Defendant changed the beneficiary of each insurance contract listed below the deceased’s name (hereinafter “each insurance contract of this case”). Accordingly, after the death of the deceased, the Defendant received from the insurance company totaling KRW 130 million (hereinafter “instant life insurance proceeds”).

The deceased’s property at the time of the death of H 18,000,000 H 20,000 H 32,000,000,000 H H 30,000,000 H 30,000,000 H 30,0000 H 30,0000 H 130,000,000,000

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, and 11 through 13, the result of the request to appraiser I by this court for appraisal, the witness E's testimony and the purport of the whole pleadings.

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