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(영문) 서울중앙지방법원 2017.09.29 2015가합569143
유류분반환
Text

1. The Defendant’s KRW 86,461,641 as well as the Plaintiff’s annual rate from November 18, 2015 to September 29, 2017.

Reasons

1. Facts of recognition;

A. A. On November 13, 2014, an inheritance commencement network C (D life, hereinafter “the deceased”) died.

As the deceased’s heir, the Defendant (Marriage August 12, 197) and six children were the deceased’s spouse. Among the children, the Plaintiff, E, F, and G had children between the former wife and H, and the I and J are children between the Defendant and the latter.

B. The Defendant’s inheritance property, etc. 1) Nonparty K changed the name of the administrative district into the “Y-si L/C” in Song-si for the repayment of loans owed to the deceased.

(2) On March 5, 1981, the name of the Defendant, the provisional registration of the right to claim ownership transfer on September 5, 1979, and the registration of ownership transfer on October 15, 1980, respectively, was completed with respect to the above ground buildings. On March 5, 1981, the name of the administrative district after this was changed to "Yan-si M."

(2) The registration of transfer of ownership was completed with respect to each of the above real estates “each of the instant real estates located in Songtan-si.”

3) Since May 13, 1989, each of the instant real estate located in Song-si was incorporated into the N Project site in Song-si based on the old Urban Planning Act, and the Defendant entered into a contract with Song-si to sell each of the instant real estate in the total of KRW 130,254,920 on May 15, 1989, and completed the registration of the transfer of ownership on May 15, 1989. After which the Defendant received KRW 130,254,920 of the said compensation from Song-si on June 27, 1989, and changed the name of the administrative district to the “O in the Young-gu in Suwon-si” on February 19, 190.

hereinafter referred to as “O land”).

(B) The real estate listed in Section 4-b (b) of the [Attachment List] and the real estate listed in Section 4-b (hereinafter referred to as “instant real estate”).

(1) On February 14, 1990, the Defendant: (a) acquired the land as a substitute for the sale on the grounds of the sale on the grounds of February 14, 1990; (b) subsequently, on August 10, 1990, the Defendant changed the name of the administrative district into the “Yong-gu P” of Suwon-si; (c)

hereinafter referred to as “P land”).

between Q, who is the owner of Q, 157/1,587 out of the O land.

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