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(영문) 의정부지방법원 고양지원 2017.01.25 2014가합6916
유류분반환
Text

1. Defendant C:

A. 64,810,236/1,234,046,00 shares among the real estate listed in the [Attachment A] Nos. 1 of the attached Table 1 to Plaintiff A.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on September 28, 2013, and the deceased’s heir has the Plaintiffs, Defendants, F, and G (hereinafter “heirs”) who are children.

B. On February 11, 1991, the Deceased donated a building on H-ground (hereinafter “H building”) to Defendant D on February 11, 1991, and Defendant D completed the registration of ownership transfer as Seoul Western District Court No. 8547 on the above building.

C. On March 30, 1996, the Deceased, on the part of the Defendants on March 30, 1996, donated to the Defendants one-half shares of the 6,194 square meters of Hanyang-gu I forest land (hereinafter “I land”). The Defendants completed each of the above shares transfer registration under the Defendants’ names as the Goyang-gu Seoul District Court High Court No. 58584, Apr. 18, 1996, as to the above shares.

The Deceased transferred the total amount of KRW 30,00,000, total of KRW 58,000,000, total of KRW 88,000,000, total of KRW 88,000,000,00 on May 11, 201, to Defendant C, which was the birth, on January 19, 2009; January 22, 2009; February 18, 2009; February 25, 2009; and February 25, 2009; and

E. At the time of the death, the deceased did not have a passive property at the time of the death. The deceased’s active property had a co-ownership of 9/40 of 2,065 square meters and 221 square meters, respectively. The inheritor completed the inheritance registration of 9/240 shares (the deceased’s co-ownership 9/40 x 1/6 of the heir’s respective inheritance shares) corresponding to each inheritance shares around November 15, 2013. On February 12, 2014, the deceased completed the inheritance registration of each of the above lands, following a partition consultation with the co-owners of each of the above lands, Plaintiff A 9 shares, Plaintiff C 10 shares, Defendant C C 7 shares, Defendant D D 15 shares, F 7 shares, and G 14 shares, with the exception of the remaining inherited property owned by the heir (hereinafter “the remainder of the instant land”).

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