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(영문) 창원지방법원 2018.11.29 2018가단100758
유류분반환 청구의소
Text

1. The Defendant’s respective KRW 52,196,113 to the Plaintiffs, respectively, and 5% per annum from October 3, 2018 to November 29, 2018, respectively.

Reasons

1. Basic facts

A. The relationship 1) E completed the marriage report with F on April 20, 1945. On December 8, 1963, E gave birth to F and his child G between F and F on December 8, 1963. 2) E began to live together around 1946, and E gave birth to three South and North Korean women, including I, J, K, and the Plaintiffs.

3) Around 1983, E gave birth to the Defendant on the date of M. 4) E died on December 13, 2017.

(hereinafter “the deceased”). The F in a legal marital relationship was dead before the deceased died.

B. On August 18, 2014, the deceased’s real estate gift Nos. 565 square meters in the name of donee Nos. 1, 64.9 square meters in the N (110.9 square meters), N (110.9 square meters) of the 2 Changwon-gun, J. 2, 2014, donated on August 18, 2014, J. 3, M&O (27 square meters) on the gift on August 28, 2007; on April 7, 2008; on April 7, 2008, the Defendant completed the registration of ownership transfer on April 19, 2013 on the gift No. 1, 3, 400 square meters in the name of the deceased (56 square meters); on April 19, 2013, on the gift No. 1, 13, 14, 196, 2013, Defendant Kim Sung-gun-gun-gun, and Defendant 13, 137.7.13

(hereinafter referred to as “each of the instant real estates” and individually, in the event that an individual real estate has been affixed, the term “0 real estate of this case” shall be referred to as “the basis for recognition”). 【No dispute exists, each entry in Gap, 1, 2, 3, 10, 17, Eul’s evidence Nos. 1, 3, 4, 7 (including additional numbers), and the purport of the whole pleadings.

2. The parties' assertion

A. The defendant received KRW 879,086,240,000 from the deceased for the gift of KRW 55,91,00 from the deceased for the real estate and cash of KRW 89,086,240 (=real estate of KRW 789,976,240 in cash of KRW 89,110,00) as at the time of the commencement of the inheritance, and thereby, the legal reserve of inheritance of the plaintiffs was infringed each by KRW 59,107,49.

The defendant is deficient in legal reserve of inheritance against each of the plaintiffs.

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