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(영문) 수원지방법원 2019.12.19 2018나76453
유류분반환
Text

1.The judgment of the first instance shall be modified upon a claim that has been changed in exchange at the trial as follows:

Reasons

1. Basic facts

A. The Plaintiffs, Defendant E and G are children of H and I, and Defendant F is the wife of G.

B. H completed each registration of ownership transfer on April 1, 197 for each real estate listed in the separate sheet 3 and paragraph 4 in its own name, on April 1, 197 for real estate listed in the separate sheet 1, on April 1, 1970 for real estate listed in the separate sheet 5 and paragraph 6, on September 10, 1974 for real estate listed in the separate sheet 2, and on June 28, 1985 for real estate listed in the separate sheet 2.

C. On April 11, 2003, H completed the registration of ownership transfer based on the gift made from April 10, 2003 to Defendant E, the head of South Korea on April 11, 2003 as to each real estate listed in Schedule 1 to 3, 5, and 6, and completed the registration of ownership transfer based on the gift made from April 23, 2003 to Defendant F, the head of Nam G on April 23, 2003.

(hereinafter referred to as “each of the instant donations”) D.

H resided in the real estate listed in attached Table 2, and died on November 18, 2007.

(hereinafter referred to as “the deceased”). (e)

As of April 23, 2003, real estate stated in [Attachment List 4] as of April 23, 2003 was established with a maximum debt amount of 42,00,000,000 won, and a debtor H and E-mortgage association. At the time, the actual secured debt amount of the above-mortgage was KRW 15,00,000.

Since then, Defendant F repaid his debt based on the above collateral security, and thereafter the registration of the establishment of the above collateral security was cancelled on December 30, 2008.

L 2 Building L 2 at the time of the commencement of inheritance due to the transfer of real estate (original) on April 10, 2003 at the time of the commencement of inheritance due to the transfer of real estate : L 835,120,530 on April 10, 2003, “28,366,800 388,352,020 on April 23, 2003, M 38,352,020 on April 10, 2005, 606,561,1706, Q 1,882,726,380 on April 10, 203, P.

F. The value at the time of the inheritance commencement of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 9.

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