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(영문) 광주지방법원 2017.09.29 2016가합59732
유류분 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ status and the deceased’s death (1) Plaintiffs, Defendant G, and H are children of the deceased I (hereinafter “the deceased”), and Defendant F is the deceased’s spouse.

In addition to the above children, the family relation certificate (No. B. 1) of the deceased is indicated as the deceased's children, the deceased J and K also as the deceased's children, and only the defendant H among the above children is the child of defendant F.

(2) The Deceased died on April 23, 2011.

B. As to the real estate listed in the [Attachment No. 1] No. 1 that Defendant F related (A) and Defendant F related to each of the instant real estate (hereinafter “the instant apartment”), the change of ownership was completed due to the change contract on July 3, 2009, which was received on July 6, 2009 by the court as of July 6, 2009. The change of ownership was made by Defendant F as of May 24, 201, on the ground of the death of the deceased, as of May 24, 2011, the change of ownership was completed by Defendant F as of May 98676.

(B) As to the real estate listed in the [Attachment List 3], which was owned by the deceased (hereinafter “instant one”) on October 28, 2008, the registration of transfer of ownership was completed on the ground of donation No. 183720 on November 6, 2008 between the deceased and the Defendant F on the ground of donation on October 28, 2008. The registration of change of ownership was completed on May 17, 2011 by the court No. 93473, which was received on May 17, 2011, on the ground of the deceased’s death. The registration of transfer of ownership was completed on the ground of sale on November 15, 2015 by the court No. 311691, Dec. 29, 2015.

In the entire certificate of registered matters(A10 No. 2), the transaction value is 323,050,000 won.

(2) On January 8, 2014, each real estate listed in the [Attachment 4, 5, and 6] List Nos. 4, 5, and 6 owned by Defendant G related (A) was merged into the 2,653 square meters in Seo-gu, Gwangju.

(hereinafter “instant two lands”) as to April 10, 2006, the transfer registration of ownership was made on April 17, 2006 by this Court No. 79813 on April 17, 2006.

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