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(영문) 서울서부지방법원 2016.01.22 2014가단26388
유류분반환
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On November 14, 2013, the network E (hereinafter “the deceased”) died on and after the death of November 14, 2013, the deceased jointly inherited the deceased according to their respective statutory shares of inheritance: ① F, G, ③ B (Defendant), ④ H, ④ H, ⑤ I, vi), A (hereinafter “Plaintiff”) (hereinafter “Plaintiff”) (hereinafter “Plaintiff”) (hereinafter “the deceased”) and eight children, namely, F, G, B (Defendant), and H (Defendant).

B. Inheritance shares of the above co-inheritors are C3/19 (legal reserve of inheritance 3/38), and the remaining children are 2/19 (legal reserve of inheritance 2/38) respectively.

C. On February 11, 2010, three years prior to the death of the Deceased, the Defendant donated each real estate listed in the separate sheet owned by the Deceased (hereinafter “instant real estate”) and completed the registration of ownership transfer on February 16, 2010.

Upon receipt of the instant real estate, the Defendant succeeded to KRW 8,00,000,000,5,000,000, and 3,000,000.

(1) The Deceased filed a restoration lawsuit (Seoul Eastern District Court 201Ga5906) against H on June 20, 1996 against H, demanding the Deceased to return KRW 513,260,00 on the ground of the cancellation of the gift of the real estate (Seoul Songpa-gu K apartment 402 Dong 104, 104, and the removal on the ground of reconstruction) that he donated to H on June 20, 1996 by the Deceased (Seoul Songpa-gu K apartment 402 Dong 104, 2203, which was sold on February 26, 2007). (2) On March 31, 2011, the Deceased lost the Deceased’s claim for damages against the deposit deposited in H name (Seoul East District Court 2010Ga2221).

E. On January 3, 2011, H deposited a total of KRW 74,040,912 (hereinafter “instant deposit”) with the deceased as the principal and interest of the judgment on January 3, 201, on the deposit basis.

Around February 24, 2011, the Defendant received the said deposit as an agent of the Deceased.

F. H: (a) on May 7, 2005, on the part of the deceased, the 2,340 square meters in Hagu-gun, Jeonnam-gun M, the 565 square meters in N, the 496 square meters in M, the 525 square meters in P, Jeonnam-gun, the 525 square meters in P, and Q 292 square meters in Q.

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