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(영문) 대전지방법원 2016.01.20 2014가단6869
유류분반환
Text

1. The Defendant shall share 12,69,789, 289/281,240,000 square meters, respectively, to Plaintiffs A, B, C, D, and E, of the 3160 square meters K of Sejong Special Self-Governing City.

Reasons

1. Facts of recognition;

A. On December 25, 1953, the deceased M (hereinafter “the deceased”) reported marriage with N, and had Plaintiff I, A, B, C, D, E, Defendant, and the deceased on August 15, 2013. The above wife and children succeeded to the status.

However, on October 27, 2010, the deceased deceased on October 27, 2010, and the Plaintiff G and H inherited the deceased’s property, who is her husband, and H inherited the deceased’s property.

Also, N died on March 24, 2015.

B. On December 19, 1974, the land of this case was registered for the transfer of ownership in the name of the deceased on December 19, 1974, and on December 23, 2003, the transfer of ownership was completed on the ground of donation under the name of the defendant.

C. On October 5, 2004, the Deceased drafted a testamentary document stating that “A shall succeed to the Defendant” on the land of this case and the land and housing of the second floor above ground” in a notarial deed. D.

However, with respect to the above Yusung-gu P land and the second floor, the deceased sold on March 7, 2005 and completed the registration of ownership transfer in the name of third party on April 26, 2005.

E. On April 13, 2005, the land of this case 2/8 was transferred to the Defendant’s name on the ground that the donation was made in the name of the deceased’s wife N, and the ownership transfer registration was completed in the name of Q (Plaintiff I’s ASEAN), Plaintiff A, B, C, D, and E, and the ownership transfer registration was again completed in the name of Q (Plaintiff I’s ASEAN), Plaintiff A, Q, and Plaintiff C with respect to the entire shares of the N, Q, and Plaintiff C (one-half shares in combination) on the ground that the donation was made on February 22, 2008.

F. At the time of the deceased’s death, there was no inherited property and inheritance obligation.

G. As of August 15, 2013, the market price of the instant land was KRW 281,240,000 for the market price of the instant land based on around August 15, 2013, and the market price of the instant two land was KRW 91,872,00 for the market price of the instant land (=1,484,000 for the share of 1/8 x 8).

[Ground of recognition] A without dispute, Gap evidence 1 through 6, 10, 11 (including paper numbers), Eul evidence 5 and 6, the appraisal results against the Daejeon Appraisal Corporation Co., Ltd., one of the court, and the appraisal results against the Daejeon Appraisal Corporation.

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