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(영문) 서울중앙지방법원 2019.07.18 2017가합547963
유류분반환
Text

1. The Plaintiff C’s lawsuit against the Defendants was terminated on December 13, 2018 as the withdrawal of the Plaintiff C’s lawsuit.

2. Plaintiffs A and B-.

Reasons

1. Basic facts

A. On August 19, 1955, the deceased F (hereinafter “the deceased”) married with the Plaintiff C, and had the Plaintiff A (1955), Defendant E (1957), Defendant D (1959), and Plaintiff B (1961) as their children.

B. The Deceased died on April 18, 2017. Accordingly, the Plaintiffs and the Defendants inherited the Deceased, and the statutory inheritance portion is 3/11, the Plaintiff A, the Plaintiff B, and the Defendants respectively.

C. On July 8, 2016, the Deceased completed the registration of transfer of ownership on the ground of donation on the same day with respect to the land and its ground buildings owned by Defendant D, Jongno-gu Seoul Metropolitan Government G land and buildings owned by the Deceased (hereinafter collectively referred to as “instant G real estate”).

On October 5, 2016, Defendant D reported gift tax on the value of the G real estate in this case as KRW 792,00,000 (at the time, it is the same amount as the publicly notified price of the G real estate in this case).

As of April 18, 2017, the death date of the deceased, the market price of G real estate in this case was KRW 1,894,445,00.

In order to secure H’s monetary claim, the deceased provisionally registered each of the lands listed in the separate sheet, which is H’s ownership. The provisional registration of each of the lands listed in the separate sheet Nos. 1, 2, 4, 5, and 6 was cancelled on April 3, 1998, respectively, and H completed the registration of ownership transfer for each of the above lands on April 22, 1998 to Defendant D on March 2, 1998.

On the other hand, on March 20, 1985, an auction was conducted on the land listed in the attached list No. 3, and its owner changed to I on April 19, 1985, and on the same day, the provisional registration of the deceased’s name was cancelled.

After February 12, 2001, I completed the registration of transfer of ownership on the land to Defendant D on January 28, 2001.

(hereinafter referred to as “instant Jeju-do land” in the attached list. (e)

Defendant D is called the “instant J apartment” under the Gangdong-gu Seoul Metropolitan Government J apartment K on October 10, 1986.

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