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(영문) 대구지방법원 2021.01.13 2019나307681
소유권이전등기말소등기및유류분반환
Text

1. Of the judgment of the first instance, the Defendants’ failure in excess of the amount ordered to be paid under the following subparagraphs shall be revoked, respectively.

Reasons

Basic Facts

On February 27, 2009, the deceased deceased on February 27, 2009 (the deceased’s spouse G was deceased on April 17, 199), the Plaintiff (mams), the Defendant C (mams), the Plaintiff D (mams), the Plaintiff B (mams), and the Defendant E (C) succeeded to the deceased.

G, such as the deceased’s inherited property, owns 622m2, U.S. 2,106m2, V-source 1,817m2 (hereinafter “each of the instant G”). On April 17, 1999, G died on the part of G. At the time, the deceased inherited 3/13 of each of the instant G land, and the Plaintiffs and the Defendants inherited 2/13 of each of the instant G land.

On February 27, 2009, the Plaintiffs and the Defendants inherited 3/65 shares of each of the respective lands of this case from the Deceased on February 27, 2009 (=3/13 of the deceased’s shares x 1/5 of the respective shares of inheritance of the Plaintiffs and the Defendants). At the time, the publication price of each of the respective lands of this case and the subsequent inheritance shares of the Plaintiffs and the Defendants are published on February 27, 2009, and there is no separate indication of the following.

1 T 66,554,000 won (=107,000 square meters / 622 square meters / 622 square meters) Plaintiffs (3/13 equity) and Defendants (3/6,312,273 won each (3/65 equity interest) 16,312,273 won (=353,432,600 x 3/65 x 3/65) 2 U 156,054,60 won (=74,100 x 2,106 square meters x 2,106 square meters) 3V 130,824,00 won (=72,00 won x 72,00 square meters x 1,817 square meters). The amount equivalent to KRW 353,432,60,81,561,369 shall be as follows:

Meanwhile, on September 8, 2017, the Plaintiffs and the Defendants completed the registration of transfer of ownership on April 17, 1999 with respect to 1/5 shares in each of the instant G land (including each of the said 3/65 shares inherited from the Deceased) among each of the instant G land.

At the time of the death of the deceased, 524,835 won was deposited in the financial account under the name of the deceased.

The Deceased’s surviving donation to the Defendants shall be recorded in the annexed list from around 2004 to around 2006 as follows:

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