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(영문) 서울서부지방법원 2018.04.20 2017가단221887
유류분반환청구의 소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D had both the Plaintiff, the South-North, and the Defendant B, who is a woman between E, and Defendant C had three children under marriage and chain between Defendant B and 191.

B. After marriage, the Defendant couple continued to live together with D husband and wife in the apartment unit G 201 in the sectional area G 201. D on October 6, 2006, sold the above sectional apartment unit to 850 million won and donated 400 million won among them to Defendant C.

C. On January 2, 2007, the Defendant couple purchased an apartment complex of this case by adding 400 million won among the above Defendant C’s donation amount of 400 million won and the loans 470 million won in Han Bank, and completed the registration of ownership transfer in the name of each of the Defendants 1/2 on January 2, 2007.

E, who was living together with the Defendant couple, died on April 2012, and D, on February 2013, was diagnosed with dementia, and died on April 11, 2017, and was receiving the pension before death.

On June 14, 2017, F reported renunciation of inheritance to the Seoul Family Court 2016Hun-Ma5026.

On November 27, 1987, 1/3 shares transfer registration was completed in the name of the network D, H, and I on November 27, 1987, 1/4 shares transfer registration was completed in the name of the J on November 29, 1995, and on June 1, 2010, 3/12 shares in the name of the network D were completed to Defendant B on May 7, 2010.

[Ground of recognition] Unsatisfy, Eul evidence Nos. 9 to 1, evidence No. 15 to 19, the result of the submission of financial data to one bank, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The deceased’s donation of KRW 850 million to Defendant C of the money sold by the instant subdivision apartment to Defendant C may be deemed to have been donated to Defendant B. Since Defendant C was a malicious donee with knowledge that losses would be inflicted on the Plaintiff’s legal reserve of inheritance, the above sales price is included in the underlying property for calculating legal reserve of inheritance.

B. Mainly, the Defendants’ share of 1/4 of the Yongsan Apartment apartment purchased with the instant purchase price, and Defendant B’s share of 1/4 of the shares of Defendant B of each real estate listed in the separate sheet No. 2.

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