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(영문) 제주지방법원 2019.12.10 2018가단6425
유류분반환청구
Text

1. As to the Plaintiffs, Defendant D and E’s share 34,707,773/816,609,000 among the real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. The part of the claim against Defendant F

A. Indication: The plaintiffs' claim for the return of legal reserve of inheritance

(b) Grounds for recognition: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. The part of the claim against Defendant D and E

A. Basic facts 1) The Plaintiffs and the Defendants are the deceased G (Death on May 2, 2018, hereinafter “the deceased”).

2) As the deceased’s children, the deceased owned each real estate listed in the separate sheet (hereinafter referred to as “this case 1, 2, 3 land, and the building of this case”) by the sequence of the real estate listed in the separate sheet (hereinafter referred to as “the real estate listed in paragraphs 1 through 4 of the separate sheet”) before the death.

Defendant F, around 1980, donated the instant three land and the instant building on its ground from the Deceased, and completed the registration of initial ownership on June 2, 1980, and completed the registration of initial ownership on the said three land on October 5, 1983, Defendant D, and E donated one-half shares of each of the instant two land on October 5, 1993, and received one-half shares of each of the instant one-half shares from the Deceased on October 5, 1993, and completed the registration of ownership transfer on the instant one-half shares of the instant land on December 6, 1994 and December 7, 1994.

3) The Deceased did not have any special property or liability at the time of his death. The value of the instant land based on the time around that time was 582,417,00 won, the value of the instant land 234,192,00 won, the value of the instant land 331,67,000 won, the value of the instant three land, and the value of the instant building 2,928,450 won. [Grounds for recognition] There is no dispute, and the evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (if there are serial numbers, each statement included therein, the result of appraisal entrustment to the head of Hju Regional Headquarters of the instant court, and the purport of the entire pleadings as well as the purport of all pleadings.

B. 1) According to the facts of the above recognition that the Defendants received a claim for the return of legal reserve of inheritance, the instant 1 and 2 land donated by the deceased were included in the underlying property for calculating legal reserve of inheritance, and the Plaintiffs’ legal reserve of inheritance was infringed due to the donation of the instant 1 and 2 land. 2) Determination as to Defendant D and E’s assertion is made from the deceased.

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