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(영문) 춘천지방법원원주지원 2014.10.02 2014가단3275
유류분반환
Text

1. The Defendant’s legal reserve of inheritance on April 25, 2014 with respect to each share of 1/13 among each land listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on June 3, 2013. The deceased’s heir is the Plaintiffs, F, G, and H, who are wife E and children, and the Defendant is the grandchildren of the deceased and H. The Defendant is the grandchildren and children of the deceased.

B. On March 28, 200, the Deceased donated 19821m21m2 (hereinafter “I land”) to F on March 28, 2000, the deceased donated 19821m2 of I forest land owned by the deceased, and completed the registration of transfer of ownership in F’s name on the ground of the said donation as the Seoul District Court’s original support registration and the receipt No. 11780 on March 28, 2000. The market price around the time of the deceased’s death is 24,578,040m2 (=1240m21) based on the officially announced value.

C. On May 18, 2012, the Deceased donated all the land indicated in the separate sheet (hereinafter “each land of this case”) that remains to be owned by the Deceased at the time, and completed the registration of transfer of ownership under the name of the Defendant based on the above donation under the receipt No. 29496 on May 25, 2012. The total market price of each land of this case at the time of the deceased’s death is KRW 41,521,90 (=1600 x (2400 square meters) based on the officially announced land price).

On June 7, 2012, the Defendant completed the registration of the original branch court of Chuncheon District Court on the land of this case on June 7, 2012, with the registration of the establishment of a mortgage on the land of this case and the maximum debt amount of 32,50,000 won received on June 7, 2012, and the registration of the establishment of a mortgage on the land of this case to the Defendant and the mortgagee as the Defendant and the mortgagee.

E. The Plaintiffs want to receive a refund of certain shares of each land of this case, when the claim for the return of legal reserve of inheritance is accepted.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Judgment on the plaintiffs' claim for restitution of forced portions

A. When there is a shortage of legal reserve of inheritance due to the donation made by the deceased against the defendant as the heir of the deceased, the plaintiffs shall be the defendant to the extent of the shortage.

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