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(영문) 수원지방법원성남지원 2020.02.20 2018가합406923
유류분반환
Text

1. As to KRW 604,417,173 among the Plaintiff and KRW 564,544,460 among the Plaintiff, the Defendant shall start from September 7, 2018, and the remainder 39,872.

Reasons

1. The following facts are found to be either in dispute between the parties or in addition to the whole purport of the pleadings as stated in Gap evidence Nos. 1 through 6, 10, 11, 13, 14, and 15:

A. A. On May 8, 2018, the deceased’s status as a party C (hereinafter “the deceased”) died. The deceased’s heir is the Plaintiff (a child between the deceased and his wife E), the Defendant, and F (the Defendant and F are children between the deceased and his wife) who are the spouse’s lineal descendants.

B. At the time of the commencement of the inheritance, the deceased’s active property was 22,88,985 won and 4 total amount of 31,137,945 won, including 8,071,83 won, and 8,071,83 won, and 31,137,945 won at the time of the commencement of the inheritance, and there was no small property.

C. On April 29, 2002, the Deceased’s donation No. 1) was completed on April 29, 2002, the Deceased’s donation No. 1,847 square meters to the Defendant prior to the division (hereinafter “H Dong”) and completed the registration of transfer of ownership on the ground of donation No. 1,114 square meters, JJ large 93 square meters, and K large 640 square meters, as indicated in the attached Form “BEA”. Of these, the land was divided into one, one,14 square meters, half large 93 square meters, and 640 square meters, and on January 14, 2005, the land J was re-merged into the land LA, after completing the registration of transfer of ownership on the ground of consultation on the land for public use on January 12, 2005.

B) At the time of the donation, N’s right to collateral security (hereinafter “the first right to collateral security”) with respect to the land (i) prior to the division as at January 30, 2002, which was received on January 1082, 10812, consisting of “the maximum claim amount of KRW 1.3 billion,” and “debtor

(2) On February 7, 2002, No. 14786, N’s collateral security (hereinafter “instant collateral security”) with “the maximum amount of claim KRW 260,000,000 and the deceased” as “the debtor’s collateral security (hereinafter “instant collateral security”)

(2) On July 22, 2002, the Defendant completed the registration of change of the right to collateral security from the Deceased on the ground of acceptance of the contract with respect to each of the above collateral security on July 22, 2002. (2) A donation to F on the deceased on the ground that the debtor was changed from the Deceased.

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