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(영문) 수원지방법원여주지원 2019.05.01 2017가단56495
유류분반환
Text

1. The Plaintiff:

A. As to each share of 1/54 of the real estate listed in the separate sheet, the Defendants:

B. Defendant C.

Reasons

1. Facts of recognition;

A. F donated each of 1/3 of the respective real estate listed in the separate sheet (hereinafter “instant 1 real estate”) to the Defendants.

Accordingly, on November 6, 2006, the registration of ownership transfer was completed on November 17, 2006 by reason of the sale on November 6, 2006 with respect to the shares of 1/3 of the instant real estate No. 1/3.

B. F donated Defendant C the share of 1/6 of E forest land E 212,827 square meters (hereinafter “instant 2 real estate”).

Accordingly, on March 20, 2014, the registration of ownership transfer was completed on March 20, 2014 on the portion of 1/6 of the instant 2 real estate due to the donation on March 20, 2014.

C. F had 10 children, including G, H, I, J, K, L, M, and the Defendants, and died on June 24, 2014.

At the time of death, J, L, and Defendants were deceased, and there were respective successors of G, H, and I who died before the death of the F.

M means (M means the death before the F death without her spouse or lineal descendant). On October 29, 2017, H’s inheritors entered into an agreement on the division of inherited property with all of inherited property due to F death owned by the Plaintiff.

J, K, and L (hereinafter “J”) filed a lawsuit against the Defendants (hereinafter “related cases”) on June 23, 2015, the judgment was rendered that “J, etc. shall be rendered with respect to each of the instant 1/48 shares of the instant 1/98 shares among the instant 1 real estate, and Defendant C shall implement the procedure for the registration of ownership transfer based on each of the 1/96 shares out of the instant 2 real estate, and the part of the said judgment against Defendant B was finalized around that time.

In the appellate court of the relevant case that was proceeding with Defendant C and D’s appeal in January 2016, it stated that “J, etc., Defendant C and D shall carry out the procedure for registration of ownership transfer on the ground of their return of their respective reserved portion with respect to their shares of 1/54 out of the first real estate of this case, and with respect to their shares of 1/108 out of the second real estate of this case.”

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