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(영문) 서울중앙지방법원 2017.09.29 2016가합507791
유류분 반환 청구
Text

1. The Defendant, from August 19, 2017, against Plaintiff A, KRW 334,710,374, and KRW 369,04,470 to Plaintiff B, and each of the said money.

Reasons

Basic Facts

The deceased D (hereinafter “the deceased”) died on March 26, 2015. The deceased’s property heir is the Plaintiffs, the Defendant, the F, G, etc. (hereinafter “instant heir”) who are the deceased’s spouse and their children, and the deceased’s spouse, and their children.

At the time of the death of the deceased, there were deposit claims of KRW 450,522,474 in total against the real estate and H, as stated in [Attachment 1] List 1 and 2, and there was no inheritance obligation.

The real estate listed in paragraph 3 of the attached list 1 was lost because it was owned by the deceased, and each real estate listed in paragraphs 4 through 27 of the same list was owned by the deceased, and the ownership transfer registration was completed in the name of the plaintiff A, the defendant's spouse or children, F or their children, and G on the ground of donation before the death of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (if there are provisional numbers, including each number; hereinafter the same shall apply), summary of the plaintiffs' argument as to the purport of the whole argument, the deceased donated real estate and cash Nos. 4 through 9 of the annexed list to the defendant. Since the legal reserve of inheritance of the plaintiffs was infringed, the defendant should return the legal reserve of inheritance infringed upon the plaintiffs. Since each of the above real estate and cash belongs to the defendant's spouse or child who is not the defendant, it is impossible to return the original real estate, and therefore, the plaintiff Gap can return the original real estate's amount of KRW 334,710, 374, and 369,04,470 as the equivalent value of each real estate, the plaintiff Eul can return the original real estate and the return of the cash in the annexed list No. 4 through 9, the return of the original real estate and the return of the original real estate in the annexed list No. 2 of the previous real estate.

The plaintiff's primary claim.

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