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Reasons
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(영문) 서울동부지방법원 2018.11.15 2018가합100234
유류분반환 등 청구의 소
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1.(a)

Plaintiff

A With respect to Defendant E and G, each of the amount of KRW 63,826,718, Defendant F and each of the said amounts of KRW 82,520,759.

Reasons

1. Facts of recognition;

A. On January 30, 2015, the status (1) of the party (hereinafter “the deceased”) died.

(2) As the deceased’s heir, I, J (1949), K (195), Defendant E (1951), F (1958), and G (1960) are the deceased’s spouse as the deceased’s spouse, Plaintiff A, C, and D, who are the deceased’s children (1942, 199, 199).

B. On February 22, 2011, the deceased’s private donor on M made a donation contract between M and M stating that “the deceased donated the deceased’s share of 783/1204 of each real estate listed in the attached list to M and the N in Nam-si, Namyang-si, and the effect of the donation shall accrue at the time of the death of the deceased.”

C. On April 5, 2013, the Deceased prepared a testamentary document stating that “The two-thirds shares (the said shares were sold to a third party around December 2013) owned by the Deceased from among each real estate listed in the separate sheet and the O land listed in Yangyang-si shall be bequeathed by each one-third of them from among the real estate listed in the separate sheet” (hereinafter referred to as “instant testamentary document”).

The Defendants, who filed for the registration of ownership transfer, completed the registration of ownership transfer on January 30, 2015 with respect to each 1/3 of the real estates listed in the separate sheet on March 11, 2015.

E. The location of Pri real estate and Q real estate ownership registration date of the land category / The registration date of the land category / The registration date of the transfer of ownership of R in Nam-si on March 1, 1990, the R in Yangyang-si on March 24, 1990, the R in Yangyang-si on March 1, 1990, Triwon on March 15, 1990, and on May 15, 1996, the ownership preservation on March 15, 1996, the 4 South-si-si on March 24, 1990, the S in Yangyang-si on March 24, 1990, U.S. on May 1, 1990, and the registration date of transfer of ownership from May 1, 1990 to May 1, 1990 is completed as follows:

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