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Reasons
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(영문) 서울동부지방법원 2019.10.31 2018가합103998
유류분 반환 청구의 소
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1. The Plaintiff:

A. Defendant B shall pay KRW 118,106,030 and a rate of 12% per annum from July 2, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff as a party is three women among three children of the deceased D (Death on December 4, 2017), Defendant B is 2 South among three children, and Defendant C is the spouse of Defendant B.

B. On August 14, 2015, the network D’s gift, etc. to the Defendants of the network D’s Defendants 1) The land indicated in attached Table No. 1 (hereinafter “Scheon-si Land”) to Defendant B on August 14, 2015.

(2) On December 17, 2016, the network D donated 1/2 of the shares of the land listed in the attached Table No. 2 (hereinafter “E”) and the building listed in paragraph (3) (hereinafter “E building”) to the Defendants on December 17, 2016.

However, the amount of KRW 112,00,000 and KRW 200,000 based on the right to collateral security was borne by the Defendants.

The Defendants transferred the ownership of E land and buildings on December 19, 2016.

C. The result of the network D’s commission of market price appraisal on real estate donated to the Defendants is as follows.

Serial 1,557,470,470,614,630,6300 E-building 146,759,200 137,745,745,100 aggregate 1,731,731,700,780,136,100 of land of 1,557,470,614,630,000 at the time of the commencement of the inheritance of real estate around October 2, 2018

D. There was no particular inheritance in the event that the network D died.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, 8 (including branch numbers if a branch number is included; hereinafter the same shall apply), Eul evidence Nos. 1, the result of the market price appraisal commission to F (Certified Appraisers G), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The basic property for calculating the legal reserve of this case is KRW 26,94,500, KRW 26,57,470,00, KRW 146,759,200, KRW 146,731,173,70, and KRW 112,000,000, and KRW 112,00,00,000, as security for the land and buildings of this case, and KRW 146,759,200, respectively.

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