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(영문) 울산지방법원 2014.07.17 2012가합4806
유류분반환
Text

1. The Defendant: (a) KRW 39,357,509 to Plaintiff B and KRW 5% per annum from June 8, 2012 to July 17, 2014; and (b).

Reasons

1. Basic facts

A. Nonparty D had the Plaintiffs as children between Nonparty E and Nonparty E on February 25, 1946, and E died on February 25, 1946, D married with Nonparty F on September 30, 1947, and had the Defendant and Nonparty G, H, I, J, and K as their children.

B. The F died on February 21, 1977, and D died on June 7, 2012

(hereinafter referred to as “D”). (c)

On April 29, 198, the deceased completed the registration of transfer of ownership in the future of the defendant on the ground of donation with respect to the land of 15,570 square meters (divisions into 15,115 square meters in land for M-type and L-type 14,455 square meters in land after the death) and the N-type 5 square meters in land for N-type (divisions into 490 square meters in land for O-gun, P-type 490 square meters in land, 4,147 square meters in land for P-source, Q-type 32 square meters in land number and land category change).

(hereinafter referred to as “instant real estate”), in total, D.

On November 19, 2008, the forest land of this case was registered for transfer of ownership in the Ulsan Metropolitan City for land expropriation.

E. On January 13, 1981, the Deceased donated 3,749 square meters and 99 square meters in Ulsan-gun, Ulsan-gun, the deceased’s possession to the Plaintiff A and I, respectively, one-half shares, respectively, and completed the registration of ownership transfer in the Plaintiff A and the Defendant for convenience.

Since then, on March 30, 1989, the above real estate was transferred to Gyeongnam-do by consultation on public land, and the compensation was reverted to the plaintiff A and I.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 4 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion is obligated to transfer 1/16 shares of this case's real estate donated by the deceased to the plaintiffs, but since the real estate of this case is expropriated in Ulsan Metropolitan City, the plaintiffs seek payment of the amount equivalent to 1/16 of the market price at the time the inheritance of the real estate of this case commences.

B. The Defendant’s assertion 1 of this case is the real estate of this case.

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