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(영문) 대구지방법원 서부지원 2021.01.14 2019가합51639
유류분
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Both the Plaintiff and the Defendants are the children of the deceased E (hereinafter referred to as “the Deceased”), and are the legal professionals of the Deceased.

The Deceased died on June 13, 2018.

B. 1/2 shares out of 10,064 square meters of F forest 10,064 square meters (hereinafter “1 real estate”) were owned by the Deceased at the time of Gyeonggi Modernization. On May 2, 2007, the Defendants, on April 30, 2007, owned each 1/6 shares on the ground of the self-donation of the deceased on April 30, 2007, respectively.

2) The Plaintiff, Defendant C, and D, on May 31, 1989, owned each of the 1/4 shares on the ground of a self-donation made on May 30, 1989, and the ownership of the 1/4 shares was completed prior to the transfer of ownership. On March 6, 2017, the 1/4 shares of the deceased on the 2nd real estate was transferred to Defendant B, on March 6, 2017, on the ground that the 2nd real estate was owned by the deceased.

3) The title I of the H building I of Daegu Nam-gu building (hereinafter “CG”) was owned by the deceased, and the ownership was changed on March 6, 2017 to February 22, 2017.

(c)

In November 2017, the Plaintiff and the Defendants drafted the instant agreement regarding the deceased’s property (hereinafter “the instant agreement”).

The main contents of the instant agreement are as follows.

Section 5 (Confirmation of Liquidation) (1) The Plaintiff and the Defendants confirm, as agreed in this Agreement, that they will no longer raise an objection to the property received from the previous parents from the date of settlement of the purchase price by selling and selling the 2 real estate, the J, K, L, and M (hereinafter “instant parking lot”) of Daegu-gu, and that they will no longer raise an objection to the property received from the previous parents, and the Plaintiff and the Defendants regarding the instant parking lot site or the matters pertaining to the deceased (including sale, donation, other disposal of other real estate owned by the deceased, and withdrawal, donation, and other disposal of cash and other financial assets owned by the deceased).

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