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(영문) 서울중앙지방법원 2016.04.22 2014가합530209
유류분반환청구 등
Text

1. The plaintiffs' respective lawsuits against the defendant H and the Korean bank are dismissed.

2. Defendant G shall be set out in Appendix 2.

Reasons

1. Basic facts

A. The relationship I between the Plaintiffs and the Defendants, and Defendant D married in the 1940s, and they set up Plaintiffs, Defendants, and Nonparty J and K under the Sk.

B. On July 25, 2012, the deceased I’s pre-living gift 1) Defendant D-related net I sold Linan land in an amount of KRW 940,000,000,000, and then donated KRW 600,000 out of the proceeds of sale to Defendant D (the dispute over the donated amount)

2.(b)

2) On January 10, 200, Defendant E-A entered into a contract (hereinafter “instant sales contract”) with Defendant E as the purchaser for the sale of 13,68 million won and 56, and 207,000 won (hereinafter “the instant O apartment”) located in Gangnam-gu Seoul, Seoul, with Defendant E as the purchaser, and accordingly, the registration of ownership transfer was completed on February 16, 2000.

B) Since 202, the reconstruction procedure was conducted for the O apartment three complexes including the instant O apartment complex, and the ownership transfer registration was made for the instant O apartment complex on January 22, 2003 with respect to the reconstruction association on the ground of trust, and on June 23, 2003, the reconstruction procedure was registered on June 23, 2003. (C) Around February 2006, when the reconstruction procedure was in progress, the rebuilding charges of KRW 43,447,00 (hereinafter “the instant contributions”) were paid at the deceased’s expense, and the rebuilding charges of KRW 43,47,00 (hereinafter “the instant contributions, etc.”) was newly constructed pursuant to the reconstruction (hereinafter “the instant apartment”).

(E) Around March 7, 2006, the registration of ownership preservation was made in the future of Defendant E.) on the other hand, around December 12, 2012, Defendant H transferred the ownership of the instant apartment on the ground of sale and purchase as of November 12, 2012, and Defendant Korea Bank Co., Ltd. (hereinafter “Defendant Bank”) registered the establishment of a neighboring mortgage with respect to the instant apartment on the same day as of the maximum debt amount of the instant apartment.

3. Regarding Defendant G.

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