logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.21 2018가합532807
유류분반환 청구의 소
Text

1. Defendant C:

A. 105,047,259 won to Plaintiff A and 5% per annum from November 21, 2019 to August 21, 2020;

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on March 6, 2018, and the Plaintiff B, A, Defendant C, and H inherited the deceased’s children, and the statutory inheritance portion is 1/4, respectively.

Defendant C is the spouse of Defendant D, and his children are Defendant E and F.

B. On April 27, 2012 through September 2012, 2012, the Deceased donated each of the real estate listed in [Attachment I] List 6 and 7 (hereinafter “instant real estate”) to H, and the real estate listed in [Attachment I List 1 List 1 List hereinafter “instant real estate”).

The fact that the deceased donated real estate Nos. 6 and 7 of this case to H does not conflict between the parties.

C. On July 27, 2012, Defendant C and D completed the registration of ownership transfer on the ground of donation on July 26, 2012 with respect to shares of 1/2 of the instant real estate 1 and 2 from the Deceased.

The Defendants, on the same day, completed the registration of ownership transfer on July 26, 2012 with respect to shares of 1/4 from the deceased among the real estate Nos. 3 through 5 of this case.

On October 9, 2012, the Deceased donated the instant real estate Nos. 11 and 12 to Plaintiff B, and the instant real estate No. 10 on January 11, 2013 respectively.

E. On August 4, 2017, the Deceased donated the instant real estate Nos. 8 and 9 to the Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 30 (including branch numbers for those with additional numbers; hereinafter the same shall apply), witness H's witness H's testimony and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The real estate Nos. 1 and 2 of this case is the one-half shares of Defendant C and D, and the real estate Nos. 3 and 5 of this case are the one-fourth shares of each of the Defendants donated from the Deceased, and each ownership transfer registration was completed. However, each of the above real estate is aimed at reducing gift tax, and each of the above real estate is the same as that donated or donated to Defendant C.

Therefore, the deceased’s property, including the real property of this case Nos. 1 through 5, to Defendant C.

arrow