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(영문) 서울고등법원 2016.10.18 2016나2023326
유류분반환
Text

1. Revocation of a judgment of the first instance;

For the plaintiffs:

A. 1 Defendant E shall set forth the sequence 1, 2, 4 through 14.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants are children of H (Death of May 5, 2005) and I (Death of September 30, 2013). The Plaintiffs and the Defendants were children of H and I other than the Plaintiffs and the Defendants. The J died on December 11, 1985, before H and I died, and K and L are children of J.

B. The Defendants completed, from H or I, the registration of ownership transfer for each of the reasons of donation on each of the dates stated in the “Real Estate” column in the annexed list of real estate by H or I (each of the above lands is referred to as “each of the instant lands,” and when one of them is referred to as “the instant land,” according to each of the sequences.

C. On July 2, 2012, Defendant G entered into a sales contract with M setting the sales price of KRW 410,00,000 with respect to the instant land Nos. 18,19, and completed the registration of ownership transfer in M’s name on August 28, 2012.

Meanwhile, around November 2012, the Plaintiffs and the Defendants, I, K, and L prepared an agreement with the Defendants, co-inheritors, as well as the Defendants, I, K, and L, as to the inheritance due to the death of H on May 5, 2005, with respect to the share of 1/4 square meters among the 1/4 square meters of 919 square meters of R, 1/4 equity in S, 1/4 equity in 294 square meters of 252 square meters of forest land, and 1/4 equity in V forest land, 4,046 square meters of forest land, which were owned by H, and 1/4 equity in relation to the inheritance (hereinafter collectively referred to as “inherited property”).

E. On December 5, 2012, Defendant E completed the registration of ownership transfer on May 5, 2005, based on the inheritance by consultation and division as the grounds for registration.

F. On December 26, 2014, Plaintiff B, C, and D filed a complaint with Defendant E by forging a private document, etc., asserting that the instant written consultation was forged at the Suwon District Prosecutors’ Office. However, the Suwon District Prosecutors’ Office filed a complaint against Defendant E on October 7, 2015.

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