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(영문) 서울북부지방법원 2013.08.22 2012가단43437
유류분반환
Text

1. The Plaintiff:

A. Defendant B shall have 342,380/24,489,760 shares among the real property listed in the attached Table 2 List 1, and paragraph 2 of the same list.

Reasons

1. Basic facts

A. Inheritance Relations E died on October 17, 201. At the time of death, the heir, who was a child, and two married inheritors of the Plaintiff and the Defendants who died on June 14, 2008. Legal shares of the Plaintiff and the Defendants are 1/5, respectively.

B. At the time of death, the inherited property network E owned 4,958 square meters of forest land G, 3,160 square meters of H forest land and 3,160 square meters at the time of death, but there was no particular small property.

C. On July 22, 2006, gift property E donated each real estate listed in the separate sheet No. 2 to the Defendants, and completed each registration of ownership transfer under the Defendants’ name as indicated in the table No. 1 below. The Plaintiff donated the Plaintiff a gift of the size of 4,958 square meters, H forest, and 3,160 square meters to the said Plaintiff, but did not complete the registration of ownership transfer.

B I, the grounds for registration of the lot number transfer of the donee B I on November 13, 2009, and on November 12, 2009, attached Table 2 List 1 of the Donation on November 13, 2009, J. 2, CK on November 13, 2009, and Table 2, C, C, of the Donation on February 1, 2007, respectively, (3), D, M, N on July 16, 2007, and list 4-6 (O on July 16, 2007) of the Donation on July 16, 2007, and each of the evidence Nos. 1378, Jul. 16, 2007 (hereinafter the same shall apply) included in the list of G evidence No. 1374, Jul. 16, 2007; and the purport of each of the evidence No. 15583, Jul. 16, 2007>

2. The gist of the parties’ assertion is that the Plaintiff donated each real estate listed in the separate sheet No. 2 to the Defendants prior to their death, and Defendant B completed the registration of ownership transfer on the ground of testamentary gift on November 25, 201 with respect to the instant apartment on the ground of the gift and testamentary gift on November 25, 2011. As such, the Defendants are obligated to return to the Plaintiff the amount infringed upon the Plaintiff’s legal reserve as stated in the purport of the claim. As such, the Defendants asserted that the Plaintiff was obligated to return the amount infringed upon the legal reserve, such as the entries in the claim, to the Plaintiff. However, the Defendants did not complete the registration of ownership transfer, even if the deceased E donated the amount of 4,958

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