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(영문) 인천지방법원 2017.11.24 2016가합58115
매매대금반환
Text

1. Defendant C:

A. As to the Plaintiff A’s share of 3646/1000 among the real estate listed in paragraph 1 of the attached Table 1 list, B.

Reasons

1. Basic facts

A. E was married to F in 1959, and the Plaintiffs were born between E and F.

B. E is divorced from F on July 24, 1969, and married with Defendant C on July 27, 1969.

Defendant D and G are children born between E and Defendant C.

C. E died on May 14, 2015

(hereinafter referred to as “the deceased”). D.

The deceased’s successors are the plaintiffs, the children, the plaintiffs, the defendant D and G who are their spouses.

[Ground of recognition] Facts without dispute, Gap evidence of subparagraphs 1 through 3 (including each number for which the separate map has not been indicated; hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiffs' assertion

A. Assets, which are the basis for calculating legal reserve of inheritance, are KRW 4,939,609,870.

1) Of the real estate listed in paragraph (1) of [Attachment 1] on April 1, 1993, the registration of ownership transfer was completed on the deceased’s name with respect to the remaining one-half share in the name of the deceased, and on the remaining one-half share in the name of the defendant D on March 20, 193. The registration of ownership transfer was completed on September 11, 2013 with respect to the above deceased’s one-half share in the name of the deceased on September 5, 2013. At the time the registration of ownership transfer was completed under the name of the defendant D on the one-half share in the above real estate, the defendant D had no income as 23 years of age at the time the registration of ownership transfer was completed. As such, the deceased’s share in the above real estate was donated to the defendant D on the ground that the market price as at the time of the death of the real estate listed in paragraph (1) of [Attachment 1] was 56,380,000 won on the ground of title 197.

At the time of commencement of the inheritance of the above real estate, the market price is 197,160,000 won.

(Defendant C received KRW 196,509,00 as the compensation for expropriation of the above real estate). 3 February 17, 2009, shares of KRW 70/100 of each of the real estate listed in paragraphs 3 and 4 of attached Table 1.

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