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(영문) 수원지방법원 2019.02.12 2017가합21223
유류분반환청구
Text

1. The defendant shall pay to the plaintiffs each share of 234,604,873/1,03,984,800 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 5, 2017, a party-related network E (hereinafter “the deceased”) died, and the deceased’s heir is the Plaintiffs, Defendant, and F.

B. On April 21, 2004, the deceased’s donation and testamentary gift 1) The deceased’s donation and testamentary gift 2,961m2 to F on April 21, 2004 (hereinafter “instant donation land”).

(2) On December 5, 2016, the deceased bequeathed the instant real estate to the Defendant through a testament by a notarial deed, and the Defendant completed the registration of ownership transfer due to the said testament after the death of the deceased.

C. The deceased’s inherited property and the deceased’s debt did not have active property or inheritance liability other than the instant real property at the time of death.

1) On September 4, 2017, the Plaintiffs filed the instant lawsuit against F and the Defendant seeking the return of their respective legal reserve of inheritance. (2) On June 21, 2018, the Plaintiffs, the Defendant, and F requested a commissioned judge to make a decision in lieu of the following conciliation, and the court made a decision in lieu of the following conciliation (hereinafter “instant decision”).

1. Defendant F shall pay the Plaintiffs a sum of KRW 200,000,000 to July 31, 2018. If Defendant F fails to pay the said amount by the payment date, the unpaid amount shall be paid in addition to the damages for delay calculated at the rate of 15% per annum from the day following the payment date to the day of full payment.

2. Defendant D shall implement the registration procedure for transfer of ownership with respect to each share of 13/100 of the instant real estate to the Plaintiffs on the ground of the return of each legal reserve of inheritance.

3. The plaintiffs waive their remaining claims.

3) On July 11, 2018, the Plaintiffs received the instant decision and raised an objection only against the Defendant except F on July 23, 2018. 4) The F did not raise an objection to the instant decision.

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