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(영문) 수원지방법원 안산지원 2018.11.23 2017가단53852
유류분반환청구의 소
Text

1. The Defendant’s KRW 6,255,021 as well as the Plaintiff’s annual rate from May 9, 2017 to November 23, 2018, and the following.

Reasons

1. Basic facts

A. On January 20, 2017, the deceased C (hereinafter “the deceased”) died. The deceased’s heir is the Plaintiff, the Defendant, the son, and the son.

B. Of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the registration of ownership transfer in the name of the deceased was completed on November 11, 1993 with respect to each land listed in paragraphs 1 through 4, and on January 17, 2002 with respect to paragraph 5, the registration of ownership transfer in the name of the deceased was completed on January 17, 2002. However, on November 2, 2011, the deceased, who donated the real estate listed in the separate sheet, to the Defendant, completed each registration of ownership transfer on November 7, 2016.

C. Meanwhile, with respect to each of the instant real property, the registration of creation of a mortgage was completed on July 21, 201 with respect to each of the instant real property as the debtor, the deceased, and the South Korean Agricultural Cooperative, a mortgagee, and the maximum debt amount of KRW 260,000,000, and KRW 12,000 on August 23, 2012. At the time of the deceased’s death, each of the collateral obligations of each of the said mortgages was the secured debt of KRW 160,00,000, and the amount of the debt of the loans to the South Korean Agricultural Cooperative, a South Korean National Agricultural Cooperative, a South Korean National Agricultural Cooperative, other than the deceased, bears the obligation of KRW 10,00,000 and KRW 70,000,000 (hereinafter “net’s loan obligations”).

The market price as of January 8, 2018 of each of the instant real estate is KRW 707,951,000.

E. During the lawsuit of this case, the Defendant took over both the Defendant’s obligation of the deceased.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-3, 6, Eul evidence Nos. 4, 11-13 (including virtual numbers; hereinafter the same shall apply), the result of the appraisal commissioned to the Vice-Governor of Gyeonggi-do and the purport of the whole pleadings

2. Determination

A. Since there was a shortage of the Plaintiff’s legal reserve of inheritance by donating each of the instant real estate to the Defendant before the Plaintiff’s assertion died, the Defendant shall pay the Plaintiff money as stated in the purport of the claim due to the return of legal reserve of inheritance.

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