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(영문) 수원지방법원 2017.01.11 2014가단517603
유류분반환
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 deceased on January 7, 2014, and accordingly, the deceased’s wife F, children, Plaintiffs, G, H, I, and Defendant, respectively, were co-inheritors at the ratio of 3:2:2:2:2:2:2.

B. The network E owned the real estate listed in the attached Form No. 1 (hereinafter “each of the instant real estate”) and sold it to a third party.

[Reasons for Recognition] The fact that there is no dispute, entry of Gap evidence 1 to 4 (including a branch number, if any) and the purport of the whole pleadings

2. The Plaintiffs asserted that, inasmuch as the deceased E’s total purchase price of each of the instant real estate in KRW 980 million was infringed upon by donating the secured debt of KRW 180 million, which was established at the time of sale and purchase of the instant real estate, and the secured debt of KRW 80 million, which was 100 million, was donated to the Defendant, the Plaintiffs claiming for payment of KRW 680,000 per each of the Plaintiffs as an explicit part of the claim.

As seen earlier, even though the fact that the deceased E sold each of the instant real estate to a third party on or around 2009, there is no evidence to acknowledge that it donated 400 million won out of the purchase price to the defendant. Thus, the plaintiffs' assertion is without merit.

3. In conclusion, the plaintiffs' claims are dismissed for lack of grounds.

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