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(영문) 의정부지방법원 2016.04.29 2015가합51910
유류분반환청구
Text

1. The Plaintiff, Defendant B, and Defendant C, KRW 27,310,808, and each of them shall be repaid from April 6, 2016.

Reasons

1. Facts of recognition;

A. The deceased D (the deceased on November 19, 2010, hereinafter “the deceased”) married with the deceased E (the deceased’s death) before his birth, and had the children of 2 South and North Korean women, including the Plaintiff and the Defendants.

B. The deceased’s real estate donation 1) The deceased, on October 6, 2010, shall be the real estate indicated in paragraph 1 of the attached Table, which is owned by the deceased on October 6, 2010 (hereinafter “real estate 1”).

(2) Of the 662/2,813, Defendant B donated each of the remaining 2,151/2,813 shares to Defendant C, and completed each registration of ownership transfer on October 29, 2010. (2) The Deceased donated each of the real estate listed in [Attachment 2, 3 (hereinafter “second Real Estate”) owned by it to Defendant B on May 15, 2007, and completed each registration of ownership transfer on May 25, 2007.

3) On October 26, 2010, the Deceased’s possession on October 26, 2010, real estate indicated in Paragraph 4 of the Attached List (hereinafter “Real Estate 4”) (hereinafter “Real Estate 4”), which was owned by the Deceased, shall be deemed to be “each of the instant real estate” in total, including

(C) The Deceased donated KRW 47,150,852 to Defendant B, and completed the registration of ownership transfer on October 29, 2010. (c) The Deceased donated the sum of KRW 47,150,852 to Defendant B as indicated below:

F GIH2) The Deceased donated Defendant C a total of KRW 1.3 million on November 30, 2009, KRW 300,000 on December 31, 2009, KRW 1.3 million on February 1, 2010, KRW 300,000 on March 2, 2010, and KRW 1.3 million on March 2, 2010 to Defendant C. [Grounds for Recognition] In the absence of any dispute, Party A’s evidence Nos. 1, 2, and 4 (including virtual numbers, and the purport of the entire pleadings.

2. The Defendants asserted as to the cause of the Plaintiff’s claim, as co-inheritors of the deceased, infringed the Plaintiff’s legal reserve of inheritance by receiving each of the instant real estate and money from the deceased, and thus, they should pay to the Plaintiff the amount equivalent to the shortage of the Plaintiff’s legal reserve of inheritance.

3. Determination

A. According to the above facts of recognition of the right to claim the return of legal reserve of inheritance, the plaintiff as co-inheritors of the deceased, who is another co-inheritors, respectively.

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