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(영문) 서울고등법원 2018.12.12 2018나2048077
유류분반환
Text

1. Of the part against Defendant B in the judgment of the court of first instance, the land category on January 17, 2018 is “the entire land category”.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are children of the deceased F (Death on July 14, 2017, hereinafter “the deceased”) and Defendant C and D are children of Defendant B.

B. Before birth, the Deceased completed the registration of ownership transfer for each of the following land (hereinafter “each of the following land”) on the ground of donation to the Defendants:

On February 5, 2004, Defendant B (2,090/3, Jan. 31, 2004) was divided into 2,090 square meters prior to Pyeongtaek-si G and 942 square meters prior to H, and Defendant C (3,032/32/10), on December 6, 2012, the land category of the above G land was changed to 2,090 square meters prior to Pyeongtaek-si and 942 square meters prior to H, and on December 21, 2012, Defendant C’s share of the same G land was changed to 20,000 square meters prior to the commencement of the inheritance on December 26, 2012, 201, and Defendant B, prior to the commencement of the inheritance on February 5, 2004, the land category of the instant land was changed to 201 square meters prior to the commencement of the inheritance on February 1, 2014.

On November 21, 2012 (on November 12, 2012), Defendant B, following the filing of the instant lawsuit, changed the land category from March 6, 2018 to the site before November 21, 2012 (on November 12, 2012), due to the “Exchange on February 27, 2018,” Defendant B’s land category from March 6, 2018 to the site before Defendant B’s July 24, 2014.

C. The market price of each of the instant lands calculated as of July 14, 2017, which is the time of the deceased’s death, is as follows:

(B) The land indicated in paragraph (1) of the table Nos. 14 (hereinafter referred to as “instant land”). As of July 14, 2017, real estate: (a) KRW 413,538,00 square meters of 942 square meters of 2,090 square meters in the market value as of July 14, 2017; (b) KRW 213,538,000 in the market value as of July 17, 2017; and (c) KRW 319,950,000 square meters in the 810 square meters of 810 square meters prior to 3 I; and (d) KRW 4,014 214,968,000 in the real estate value as of January 17, 2018.

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