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Reasons
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(영문) 서울고등법원 2019.02.26 2018재나20187 (1)
유류분반환청구의 소
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1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The following facts do not conflict, or are clear in records:

(1) Prior to the judgment subject to a retrial, the Defendant: (a) obtained on November 8, 1984 permission from HJ (IE) to establish an incorporated association, and changed to the current name via K and K, an incorporated association L (hereinafter “Defendant”), all of which are “Defendants”, except where there is a need to distinguish in particular.

(2) On December 1, 2010, M died (hereinafter “the deceased”). On May 9, 1984, the deceased and the Defendant concluded a contract to donate the real property owned by the deceased (including Gyeonggi-do N,O, P, Q, Q, R, T, U, V, M, X, Y, Z, and AA land; the above land became each land listed in the separate sheet through division, administrative district and lot number change) on the real property owned by the deceased. At the time of the death of the deceased, AB, the representative of the H church, was permanently preserved and managed the burials of AC and AD P in the South Asian-gun P, and at the time of the death of the deceased, agreed to employ one of the lineal descendants as a director of the I organization and manage it.

3) On July 28, 1999, the deceased and the defendant established the legal entity desired by the deceased and transferred its ownership in relation to the donation contract as of May 9, 1984, on the basis of Gyeonggi-gun AE, AF, AG, AG, and H. The access to the above land shall be granted by the defendant, and the access to the deceased shall be granted by the defendant, and when the deceased died, the defendant shall use the deceased's company house in an amount of KRW 150 million. At the time of the death of the deceased, the defendant shall bear the expenses of the deceased, set up a memorial monument for a combined disability in AD's grave, and the defendant created a 200 million won for permanent management. 4) Around the time of the death of the deceased, a new agreement was made that each land listed in the attached list (hereinafter referred to as "each land of this case"), which was owned by the deceased, and the remaining land shall be registered on May 1984, 1984.

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