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(영문) 의정부지방법원고양지원 2020.07.08 2020가단71136
유류분반환
Text

The defendant's KRW 15,250,00 for each of the plaintiffs and each of them shall be 5% per annum from January 29, 2020 to July 8, 2020.

Reasons

1. Facts of recognition;

A. F was 2 South and North Korea as her child, and is Plaintiff A, Defendant, Plaintiff B, C, and D in turn.

B. On March 2, 2015, F: (a) on the donation to the Defendant of Goyang-gu, Yongsan-gu G apartment H (hereinafter “instant real estate”); (b) on the same day, the Defendant completed the registration of ownership transfer under the name of the Defendant on the grounds of the said donation.

C. F filed a lawsuit against the Plaintiff husband and wife in order to return unjust enrichment under 2015 Ga70662 at the Jung-gu District Court Goyang branch of the District Court. On May 26, 2016, in the said lawsuit, “Plaintiff and wife shall jointly and severally pay F 96,000,000 won to the Plaintiff and wife in 96 installments and shall be paid in 1,000,000 won as of the end of each month from June 30, 2016 to May 31, 2024. If the delayed amount of the said division falls two times, the Plaintiff and wife would immediately lose the benefit of the division and due date, and shall pay F the unpaid amount in full at once, and the amount of damages for delay calculated at the rate of 15% per annum from the day following the date of loss of interest on the due date shall be paid in addition to damages for delay calculated at the rate of 15% per annum from the day of complete payment.”

(hereinafter “instant conciliation”) D.

Plaintiff

According to the instant conciliation, A Husband and wife paid F KRW 31,00,000,000 in total, from June 30, 2016 to December 31, 2018, as the end of each month, from June 30, 2016 to December 31, 2018.

E. The F died on January 9, 2019 (hereinafter “the deceased”), and the Plaintiffs and the Defendant jointly inherited the deceased’s property as their children, each of which was 1/5.

F. The market value of the instant real estate around January 9, 2019, which is the deceased’s death day, is KRW 217,500,000.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. The assertion and judgment

A. Since the defendant, the co-inheritors of the plaintiffs, was in violation of the plaintiffs' legal reserve of inheritance by receiving the real estate of this case from the deceased, the defendant must return within the scope of the property donated to the plaintiffs.

B. Legal reserve of inheritance;

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