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(영문) 서울중앙지방법원 2014.10.31 2013가합37765
유류분 반환
Text

1. The Defendant dated May 24, 2012 pertaining to the Plaintiff A’s share of 14,284,224/107,453,00 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the decedent”) had a deceased-nam Defendant A, 1 Women B, 2 Women C, and 3 women G with the deceased F (Death October 1, 1987), the husband of the deceased (hereinafter “the decedent”).

B. Around 1978, the decedent acquired 5,745 square meters in I miscellaneous land in Kimhae-si (hereinafter “H”) on March 6, 1986, 4,003 square meters in J Miscellaneous land, 985 square meters in K miscellaneous land, and 1,14 square meters in L, 114 square meters in M Miscellaneous land, 5,924 square meters in M Miscellaneous land, and 9 square meters in N Gyeong-si in accordance with the agreement on the division of inherited property following the death of the deceased. On November 3, 1987, the decedent sold each of the above lands (hereinafter “the land in the instant dry field”).

C. On October 17, 1979, the decedent acquired ownership of Q 3,302.4 square meters and R 1895 square meters on August 22, 1986, respectively. On June 19, 2002, each of the above lands was sold to the Korea Agricultural and Rural Infrastructure Corporation KRW 47,130,000 and completed the registration of ownership transfer on July 8, 2002.

On December 17, 1972, the decedent received the registration of transfer of ownership from S of 2,601 square meters (hereinafter “the first factory site of this case”) prior to T, and on August 31, 2005, the decedent completed the registration of transfer of ownership on the ground of the sale contract dated August 20, 2005 to the Defendant.

Since then, from Kimhae-si on December 19, 2006, the defendant obtained permission to change the purpose of the factory site in this case from "the alteration of form and quality to factory site" to "the factory site", on March 15, 2007, sold to U in KRW 378,240,000, and completed the registration of ownership transfer on April 10, 2007.

E. On October 17, 1972, the decedent received the registration of ownership transfer of V factory site 3,123 square meters (hereinafter “V factory site 2”). On August 26, 2002, W Co., Ltd. (hereinafter “W”) sold the said land at KRW 166,090,000, and completed the registration of ownership transfer in the name of W on August 27, 2002.

F. On September 4, 1987, the decedent is related to real estate listed in the separate sheet (hereinafter “instant graveyard land”).

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