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(영문) 서울남부지방법원 2018.11.09 2017가단228148
유류분반환
Text

1. For the plaintiffs:

A. Defendant D shall pay 3,236,754/504,090,787.

Reasons

1. Basic facts

A. The F died on November 11, 2016, and the heir was his/her child G, H, Defendant D, I, Plaintiff A, B, and Plaintiff C.

Defendant E is the children of Defendant D.

B. As to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), among the real estate listed in the separate sheet, the land is “the instant land”; the building is “the instant building”; on June 9, 1978, the ownership transfer registration was completed on the ground of the sale as of June 8, 1978; and thereafter, on January 27, 2006, the ownership transfer registration was completed on the ground of the gift made on January 27, 2006 in Defendant D and F.

On August 14, 2006, the registration of preservation of ownership was completed in the future of Defendant D and F.

C. Defendant D and Defendant E completed the registration of ownership transfer on November 11, 2016 with respect to 1/2 shares of each of the instant real estate owned by the deceased F (hereinafter “the deceased”) on May 18, 2017, as to 1/2 shares of each of the instant real estate.

Meanwhile, at the time of the deceased’s death, the appraised value of the instant land is KRW 1,596,00,000, and the appraised value of the instant building is KRW 420,363,150.

[Ground of Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, and 3 (including virtual numbers), the result of the commission of appraisal to the K Appraisal Director of this Court, the purport of the whole pleadings

2. The assertion;

A. Since the Plaintiffs allegedly asserted that there were shortage of legal reserve of inheritance due to the Plaintiffs’ legacy of 1/2 shares of each of the instant real estate to the Defendants, the Defendants are liable to implement the registration procedure for ownership transfer on the ground of the Plaintiffs’ shortage of legal reserve of inheritance.

B. On December 2005, J agreed that the Defendants’ assertion of the Defendants donated each of the instant real estate to Defendant D among their children, and distributed the total of KRW 1 billion to other children.

However, this consultation is held on January 2006 for the plaintiffs.

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