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(영문) 창원지방법원 통영지원 2018.11.08 2016가합10533
유류분반환청구
Text

1. Defendant C:

A. The plaintiff A shall have a share of 1,478/10,00 of each of the real estate listed in attached Tables 4, 5, 6, and 7.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on February 20, 2013.

As the inheritor of the deceased, there are Plaintiffs B, Defendants, and F, the wife of the deceased.

B. On October 12, 2011, the Deceased prepared a testamentary gift (hereinafter “instant testamentary gift”) with a content that shares of 1/3 among the real estate listed in paragraph (1) of [Attachment 1] to Defendants and F, the real estate listed in paragraphs (4), 5, 6, and 7 of the same Schedule to Defendant C, and the remaining shares of 300/467 among the real estate listed in paragraph (8) of the same Schedule to Defendant C, and the real estate listed in paragraph (2), 3, 9, 10, 11, 12, 13, and 14 of the same Schedule to be bequeathed to Defendant C (hereinafter “instant testamentary gift”). The testamentary gift based on the instant testamentary gift is “the instant testamentary gift,” and the real estate subject to the instant testamentary gift is “the instant testamentary gift”).

C. Around 2009, the Deceased donated KRW 10 million to Defendant D, KRW 80 million to Defendant C, and KRW 120 million to F, respectively. Around November 2006, the Deceased donated KRW 33 million to Plaintiff B.

On June 8, 2012, the Deceased sold the real estate listed in paragraph (10) of [Attachment 1] to G and H, and completed the registration of ownership transfer on July 5, 2012. On December 15, 2012, I sold the real estate listed in paragraph (8) of the same Table to 510 million won and completed the registration of ownership transfer on February 12, 2013, and donated the purchase price of KRW 510 million to Defendant C.

As a result of a request for appraisal of L/C for an appraiser of KRW 222,180,00,00 of the real estate listed in attached Table 2 List 2 List 1 (J) of the real estate (K) as stated in attached Table 2 List 2 List 54,885,00 of the real estate listed in attached Table 2 List 2 List 134,885,000 of the real estate (N) listed in attached Table 2 List 2 List 119,14,000 of the value of the value of the property, the amount of KRW 30,814,00 of the real estate (M) as stated in attached Table 2 List 2 List 2 List 2 List 119,179,000 of the real estate (O) as stated in attached Table 2 List 2 List 119,14,000,000 of the real estate (P) as stated in attached Table 2 List 70,1700

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