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(영문) 광주지방법원 2018.08.30 2016가합59459
유류분반환
Text

1. The Defendant: (a) KRW 59,884,852 for each of the Plaintiffs, as well as KRW 5% per annum from August 23, 2018 to August 30, 2018; and (b) respectively.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) married with the deceased G, and 1 South (Defendant H, Plaintiffs, I, and J) as his children. The deceased F (hereinafter “the deceased”).

B. On February 4, 1975, the network H got married with K to L, M, and died on December 26, 1995.

The net G died on June 19, 2009.

C. (1) On July 5, 1988, the deceased and the defendant purchased a building of 290,000,000 square meters and its ground (hereinafter “the instant building,” referred to as “each of the instant N real estate”) from the NN of Gwangju North-gu, Gwangju (hereinafter “the instant building,” and referred to as “each of the instant N real estate”), and around that time, the registration of ownership transfer was completed. The deceased donated the Defendant of the purchase price (96,66,666 won (=290,00,000,000 ± KRW 3,000,000) by means of the above purchase price bearing all of the above purchase price.

(2) On August 17, 2009, the Deceased donated 2/3 shares of each N of the N of this case to the Defendant, and completed the registration of ownership transfer around that time.

On November 25, 2009, the Deceased donated the above money to the Defendant on behalf of the Defendant in a manner that the Defendant bears the gift tax of KRW 58,431,870, which is a donated property.

(3) The Deceased continued to lease each NN real estate of this case directly from the purchase to the death of the deceased, and acquired the rent in full, and bears the deceased and the Defendant’s property tax, income tax, etc. on the income accrued from the ownership or the lease.

(1) On November 8, 2005, the Deceased donated the Defendant a forest of 5851m2, 5851m2, 2157m2, Quyang-gun Pungyang-gun Pam2157m2, 4361.3m2, and completed the registration of ownership transfer around that time.

(2) On November 9, 2005, the Deceased donated the building to the Defendant on the Seo-gu, Seo-gu, Gwangju, and completed the registration of ownership transfer.

(The reason for registration is indicated as the sale on November 9, 2005). (3) The Deceased donated the Defendant on August 17, 2009 the land size of 4659.3 square meters in Jeonyang-gun, Jeonyang-gun, and then the registration of ownership transfer at that time.

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