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(영문) 울산지방법원 2018.01.24 2016가합24587
유류분반환청구의 소
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on November 9, 2012, and his heir was F, G, Plaintiffs, and Defendant, who were their children.

From among the inheritors of the deceased, F renounced inheritance after the death of the deceased.

B. H is the husband of the Plaintiff A, and I is the wife of G (the deceased’s dead body), and J is the wife of the Defendant.

C. On August 1, 198, the Defendant and H completed the registration of ownership transfer based on sale on July 30, 1987, 1987, with respect to each one/2 share among the fourth floor above the building reinforced concrete building slive roof, underground floors amusement facilities and neighborhood living facilities (hereinafter “K real estate”).

On June 24, 2005, 1/2 shares in K real estate in the name of the defendant were sold in KRW 1,400,000 to M&T Co., Ltd.

E. Of K’s real property, KRW 700,000,000, half of the sale price of one-half of the shares in K’s real property was paid to G, and KRW 700,000,000, half of the remainder was paid to G.

F. On August 30, 2005, G and the Defendant purchased 1/2 shares out of K real estate at the ratio of 1/2 shares and completed the registration of transfer of ownership of L real estate under the name of G and J as the selling price for the shares of 1/2 shares, and 4 shares of the building reinforced concrete structure, reinforced concrete structure, reinforced concrete structure, and 4 shares of this ground, and 1/2 shares in each of 1/2 shares.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including branch numbers), the witness I's testimony and the purport of the whole pleadings

2. The parties' assertion

A. On June 24, 2005, the Defendant’s act of making a donation to the Defendant of KRW 700,000,000, half of the sale price of KRW 1/2 of K real estate held in title by the deceased under the name of the Defendant on June 24, 2005, violates the deceased’s heir’s forced of inheritance. Thus, the Defendant’s act of making a donation to the Defendant of KRW 700,000,000, which is the amount in violation of the Plaintiffs’ forced of inheritance.

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