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(영문) 광주지방법원 2018.10.23 2017가단533100
유류분반환
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs, the Defendants, and D, as children of the network E (the deceased on March 26, 2016, hereinafter “the deceased”), have 1/4 respective inheritance shares.

B. On February 11, 2015, the Deceased donated the real estate listed in attached Tables 1 through 3 (hereinafter “instant shop”) and the real estate listed in attached Tables 4 (hereinafter “instant apartment”) to the Defendant. On February 12, 2015, the Deceased District Court’s receipt of the registration No. 33424 and 33420, completed the registration of ownership transfer to the Defendant regarding the instant commercial store and apartment.

C. On the other hand, on January 27, 2015, the Deceased created a right to collateral security of KRW 192 million with respect to the instant apartment to the FF Association, and was paid KRW 160 million with respect to the said apartment as collateral.

The Deceased donated the above self-reliance deposit to the Defendant and delivered the passbook and the seal thereto, and the Defendant completed the registration of change of the right to collateral security to which he is the debtor on the same day when transferring the ownership of the apartment of this case on the same day.

The Deceased held 200 shares of G Co., Ltd., 260 shares of H Co., Ltd., and 600 shares of I Co., Ltd. (total appraised amount of KRW 98,818,00). On July 30, 2014, the Deceased delegated the Defendant’s wifeJ’s authority to transfer money and order the said shares, and donated the purchase price of the shares to the Defendant.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 6 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. There was no active and negative property owned by the Plaintiff at the time of his death. The store and apartment, self-reliance deposit, stocks, etc. of this case, which the deceased donated to the Defendant, constitute the basic property for calculating the legal reserve of inheritance (1/8 of the Plaintiff’s legal reserve of inheritance). The Defendant received donations from the deceased.

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