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(영문) 수원지방법원 여주지원 2018.11.29 2017가단56198
유류분청구
Text

1. The defendant shall be the plaintiff.

A. On September 21, 2018, with respect to shares of 1/10 of each of the real estate listed in the separate sheet No. 1 list.

Reasons

1. Facts of recognition;

A. On October 7, 1994, the father and mother of the Plaintiff and the Defendant, C and D, who are the father of the Defendant, died of D due to traffic accidents, and C became the disabled of grade II (the function of not delay).

The defendant has resided together with C in the real estate listed in the attached list No. 4.

B. On December 20, 2001, C completed the registration of ownership transfer for each real estate listed in [Attachment 1] Nos. 1 and 2 to the Defendant on the same day, and completed the registration of ownership transfer for each real estate listed in [Attachment 1] Nos. 3 and 4 on February 26, 2002 on February 25, 2002.

(hereinafter referred to as “each of the instant real estates” C.

C The deceased on November 16, 2007 (hereinafter “the deceased”) and the deceased’s property heir are E, F, Plaintiff, Defendant, and G.

The Deceased donated total amount of KRW 86,843,056 to the Defendant’s account in the H Association’s account (hereinafter “H Association”) before his life, by means of remitting the total amount of KRW 86,843,056 to the Defendant’s account in the name of the Defendant as shown in attached Table 2.

E. On November 22, 2007 after the deceased’s death, the Defendant collected KRW 20,223,561 from the H Association account of the deceased and deposited the money into the H Association account under the name of the Defendant.

F. At the time of the deceased’s death, the deceased did not have any obligation.

[Evidence Evidence: Evidence Nos. 1 to 5, 7 through 10 (including paper numbers; hereinafter the same shall apply)

(i)each entry in the evidence No. B No. 1, the HA of this Court, the branches of I Bank, the results of the provision of each financial transaction information to J Association, and the purport of the entire pleadings

2. Determination on the occurrence and scope of the legal reserve of inheritance and the legal reserve of inheritance

A. In a case where there is a shortage of legal reserve of inheritance as a co-inheritors of the deceased, who is the deceased, donated property to the defendant who is another co-inheritors, the plaintiff can seek the return of legal reserve of inheritance to the extent of the shortage.

(b).

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