logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.01.27 2013가단10966
유류분반환
Text

1. The Defendant’s legal reserve of inheritance on September 16, 2013 with respect to each of the 1/14 shares in each of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The network D was born after marriage with E on July 16, 1982, and the plaintiffs were born on December 23, 2003.

B. On March 15, 2011, the network D resumed with the Defendant, and died on December 28, 2012.

C. The deceased D and the defendant completed the registration of transfer of ownership on October 1, 2009 with respect to 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”) by the Chuncheon District Court No. 57435, Nov. 5, 2009.

As the Defendant took out a loan of KRW 100 million from the Namsan Agricultural Cooperative, the Defendant completed the registration of establishment of a mortgage with the Chuncheon District Court No. 45040, Sept. 20, 2012 regarding each of the instant real estate as the maximum debt amount of KRW 143,00,000, and as the Namsan Agricultural Cooperative as the mortgagee of a mortgage.

E. On October 4, 2012, the Network D completed each of its share transfer registration for each of the instant real estates (hereinafter “each of the instant shares”) on October 4, 2012, as the Defendant’s future District Court No. 46783, Oct. 4, 2012.

F. There was no active property at the time of the deceased D’s death.

G. The Plaintiffs did not receive a gift or legacy of the deceased’s property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiffs asserted that the deceased D donated 1/2 of the shares of each of the instant real estate to the defendant and thus, it was impossible to return the original property due to the establishment of the right to collateral on each of the instant real estate under the name of the defendant. The plaintiffs asserted that the return of the original property is not possible, and they claim against the defendant for the payment of the plaintiff's forced reserve of inheritance x 25,657,615 won [=179,603,310 won (total market price of each of the instant real estate 1/2 shares) x 1/7 (the total market price of each of the above real estate x 1/2 shares), and the delay damages.

B. The Korean Civil Code provides that the judgment shall be made.

arrow