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(영문) 서울서부지방법원 2017.05.26 2016가단215106
유류분반환
Text

1. The Defendant shall set aside juice A and B with respect to 34.87 square meters at ground below 203 square meters in Yongsan-gu Seoul Metropolitan Government and jun general restaurants.

Reasons

1. Facts of recognition;

A. The network E married with the network F, and died on September 4, 2015 when the Plaintiff A, the network G, the Plaintiff B, and the Defendant were employed.

B. On May 20, 2013, the net E bequeathed the Defendant of Yongsan-gu Seoul Metropolitan Government D large 203 square meters and ground trees, and jute general restaurants (hereinafter “instant real estate”). On October 7, 2015, the Defendant completed the registration of ownership transfer due to testamentary gift under the receipt of title 39246, which was received on October 7, 2015.

C. On October 21, 2015, the Defendant completed the registration of collateral security of KRW 480 million for the debtor, the mortgagee, the H&D association, and the maximum debt amount, and on October 29, 101, the registration of collateral security of KRW 1 billion for the debtor, the mortgagee, and the maximum debt amount.

【Fact that does not have any dispute】

2. According to the facts of the judgment on the plaintiff's assertion, since the plaintiffs' legal reserve of inheritance was 1/4 x 1/2 x 1/2 , and the real estate of this case was generated two years before the deceased E, it is included in the inherited property, and the defendant is obligated to perform the registration of transfer of ownership for each of the 1/8 shares with respect to the real estate of this case to the plaintiff A and B for the return of each

3. Judgment on the defendant's assertion

A. As seen below in the summary of the defendant's assertion, the plaintiffs asserted that the plaintiffs' claims for legal reserve of inheritance are groundless since they received much more property than the defendant before the birth of E and received special benefits.

B. 1) On March 8, 1990, the Plaintiff A donated on December 30, 1984 L real estate and the market price of J real estate, the market price of 64,2280,000 won, and the husband of K, who is the husband, donated on December 30, 1984 the market price of 2 billion,5,920,000 won. 2) The Plaintiff B was donated from E in the 1960s, M, N,O real estate, and the aggregate of 5.12,416 million won.

3) On April 30, 1992, the Defendant: (a) donated 182§³ and 1.8 billion won at the market price owned by E, and completed the registration of ownership transfer; (b) On the other hand, the Plaintiffs and the Defendant decided on December 28, 2009 to distribute 50% of the Defendant and 25% of the Plaintiffs each of the instant letters, except for the taxes imposed on the property rights owned by parent-friendly E (1923).

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