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Reasons
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(영문) 부산고등법원(창원) 2015.11.12 2015나642
유류분 반환
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1.(a)

All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) G are dismissed.

(b) judgment of the first instance.

Reasons

1. Basic facts

A. The relationship between the parties 1) the network K and the plaintiffs and the non-party L are children of the network M, the non-party N is the spouse of the network M, and the non-party N died on November 2, 2006, and M died on July 6, 2013. 2) The defendant G is the spouse of the network K, and the defendant H, I, and Non-party O are the children of the network K.

B. On September 15, 1914, P, which is a part of the network M, is a real estate transfer, etc. 1) The land of JJ 271 square meters (hereinafter “1 land before the instant merger”).

(2) On March 29, 1996, the area of the above land was 271 square meters at the time the Dong K completed the registration of preservation of ownership on the above land under its own name on April 22, 1993. (2) The Dong K completed the registration of preservation of ownership on the land of this case. On March 29, 1996, Qand Qand 145 square meters and Randant 9 square meters were merged into the above land, and the said land was 515 square meters (hereinafter the above combined land was referred to as “1 land after the merger”).

3) The Defendant G completed the registration of ownership transfer on the land No. 1 after the merger of this case on December 7, 2006, based on inheritance due to a division held on November 2, 2006. 4) The network M completed the registration of ownership transfer on July 31, 2006, for Defendant H on January 2, 1994 as to the land No. 641m2 (hereinafter “instant land No. 2”).

On January 29, 2009, Defendant H completed the registration of creation of a mortgage over KRW 52,00,000 with respect to the above land to the South Navy Fisheries Cooperatives.

C. 1) The net M shall be subject to the instant fishery license in its name on July 27, 2000 (hereinafter “instant fishery license”).

(2) On November 30, 2006, Defendant H and I completed the registration of transfer based on inheritance with respect to each of the respective shares of the fishery licenses of this case on November 30, 2006.

3. Defendant I, on January 4, 201, all of his share in the instant fishery license to Defendant H.

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