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(영문) 서울남부지방법원 2015.01.16 2012가합24119
유류분반환
Text

1. For the plaintiffs:

A. As to Defendant C’s KRW 577,391,830, and KRW 10,000 among them, Defendant C shall be from January 29, 2013 to 567.

Reasons

1. Basic facts

A. H’s death and family relation 1) The mother of the Plaintiffs died on January 5, 2012 (hereinafter “H”) (hereinafter “the deceased”).

2) At the time of the deceased’s death, I had already died in 1998 (hereinafter “the deceased I”), and there was the Plaintiffs, J, K, and L with respect to the deceased’s children.

On the other hand, the spouse of J was Defendant E, Defendant F and G as his child, and Defendant C as his spouse, and Defendant C and Defendant D as his child.

3) As the deceased died, the Plaintiffs, J, K, and L were co-inheritorss with respect to the deceased’s property. 4) Thereafter, K died on July 2, 2012.

Therefore, K is called 'W'(hereinafter referred to as 'W').

1) The deceased, upon the birth of the deceased, donated to J, Defendant E, F, and G), was donated to J before his birth as follows:

(1) The term “N land” and “N building” under the following subparagraphs shall be referred to as “N land” and “N building” according to the lot number). The term “property subject to the gift” is limited to the portion of the property subject to the gift on February 25, 2002, which is limited to the 514.51 square meters of one story 1 floor, 514.51 square meters of one story, 2 stories, 3 stories, 571.36 square meters, 3 stories, 571.36 square meters, 571.36 square meters, 4 stories, 571.36 square meters, and 507.92 square meters under the ground, 507.92 square meters.

3 It shall be limited to the portion of 374.96 square meters in a single-story neighborhood living facilities of 374.24 square meters and 1/22 square meters in underground of 84.24 square meters in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, 4.9 square meters of 1034.9 square meters

5. It is limited to September 16, 2002 to 16.03 square meters, 2 stories, 2 stories, 476.28 square meters, and 1/4 square meters and shares of 16.06 square meters and 516.3 square meters and 7, Seo-gu Incheon, Seo-gu, Incheon, Qu, Qu, R-ground reinforced concrete structure, a second floor living facilities, 2 stories, 476.28 square meters and 9.06 square meters under the ground.

8 On February 7, 2006, KRW 1,821,241,00 in cash and KRW 1,821,241,00 in case of Defendant E, F, and G’s donation was made to Defendant E, F, and G as follows:

The time when gift tax is imposed on the property donated by the donee 1, Defendant E in cash 75,00,000 won on January 1, 200, the sum of cash 2,373,452,360 won.

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