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(영문) 서울고등법원 2019.01.18 2017나2045316
유류분 반환 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the Defendants against Plaintiff A in excess of the following amount ordered to be paid.

Reasons

1. Basic facts

A. Plaintiff A is the husband of the deceased H (hereinafter “the deceased”), and Plaintiff B and the Defendants are the children of Plaintiff A and the deceased.

B. On January 27, 2014, the Deceased donated each of the lands listed below the deceased’s list (hereinafter “instant land”) to the Defendants (hereinafter “instant donation”) at his own home, and the Defendants completed each of the following registration of ownership as to each of the instant land:

On February 11, 2014, the date of the registration of the abbreviation of the Defendant’s land: (a) the Defendant: (b) the land N of 3,503 square meters and 2,715 square meters and m2,151 square meters and m2,151 square meters and m2,000 square meters and m2,000 square meters and m2,000 square meters and m2,652 square meters and m2,000,000,000,000 square meters and m2,715 square meters and m2,000,000,000 square meters and m2,000,000 square meters and m2,715,000 square meters and m2,00,000 square meters and m2,000,000

C. On January 31, 2014, the Deceased did not comply with the applicable dance method, and written a letter of gift (Evidence No. 5; hereinafter “instant letter of gift”) written as follows: (a) the Plaintiffs and the Defendants were the Plaintiffs and the Defendants, “C Haak field No. 2,000 C, B B, 4,000 square meters; and (b) D, 1,200 square meters; and (c) E 1,500 square meters; and (d) written the letter of gift written as follows.

The Deceased died on February 20, 2014.

E. The Plaintiffs asserted that the gift agreement in the name of the deceased used in the instant letter of gift and the application for registration was forged, and filed a lawsuit claiming the cancellation of the transfer of ownership registration for each of the instant land, which was completed in the name of the Defendants under the name of the Defendants, as Suwon District Court Decision 2014Kahap10184

On November 7, 2014, the above court rendered a decision to dismiss all the plaintiffs' claims. The Seoul High Court appealed as Seoul High Court 2014Na2046820, but all of the above appeals were dismissed on October 16, 2015.

Accordingly, the Plaintiffs appealed by Supreme Court Decision 2015Da245619, but the judgment dismissing all of the above appeals was rendered on January 28, 2016 and became final and conclusive.

(b) above.

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