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(영문) 대전지방법원천안지원 2019.11.14 2018가단111737
유류분 반환
Text

1. The Defendant’s KRW 60,137,102 as well as 5% per annum from September 18, 2019 to November 14, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. C (hereinafter “the deceased”) married with D on November 15, 1962, and was married with the Defendant, E, F, and G as his child, and married with the Plaintiff on November 12, 1985, following D’s death ( June 30, 1980), and died on May 29, 2018.

B. On January 19, 1986, the deceased’s father-H died on January 19, 1986, and the deceased succeeded to the area of 5,005 square meters in Pyeongtaek-si I (hereinafter “I land”) and the area of 443 square meters in Pyeongtaek-si JJ, and K, the births of the deceased, who is the births of the deceased, was succeeded to the area of 5,015 square meters in Pyeongtaek-si L (hereinafter “L land”).

(A) The registration of inheritance shall be completed on November 24, 1992).

On April 17, 2013, the deceased completed the registration of creation of a neighboring mortgage of KRW 195,000,000,000 with respect to Pyeongtaek-si M (hereinafter “M land”) owned by himself/herself, and was loaned KRW 150,00,000 from the N Association on April 18, 2013 (hereinafter “the first loan”), and was loaned KRW 70,000,000 from the N Association on April 18, 2013, with respect to land owned by himself/herself, and was loaned KRW 150,000,000 from the N Association on April 18, 2013.

(hereinafter referred to as “second loan”) d.

around April 18, 2013, the Deceased donated each share of 1/2 of M to the Defendant and E, and completed each share transfer registration on April 22, 2013. The market price around June 2018 of M land is KRW 401,440,00.

E. In addition, on April 22, 2013, the Deceased completed each registration of transfer of ownership on the ground of the sale on March 22, 2013 (total transaction value of KRW 140,000,000) with respect to the Defendant as to the land of Pyeongtaek-si J and of KRW 298 square meters, which is its own ownership, and KRW 276 square meters (hereinafter referred to as the “instant three parcels of land”).

F. Meanwhile, around December 12, 2016, the Deceased sold I land to Q in KRW 317,100,000, and completed the registration of ownership transfer on December 21, 2016.

[Ground of recognition] A-1-3, 7, 8 (including paper numbers), Eul-2 and 3 evidence, and the result of the market price appraisal commission for appraiser R.

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