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(영문) 수원지방법원 2018.12.11 2017가합23144
유류분반환
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The parties to the dispute and the defendant are children of the network E (hereinafter “the deceased”).

B. On February 8, 1975, the Defendant completed the registration of ownership transfer for the real estate listed in paragraph (4) of the annexed Table No. 4 (hereinafter referred to as “fourth land,” and each real estate listed in the annexed list No. 4 was reduced by the same method according to its number) on the ground of sale on February 3, 1975. On September 15, 1979, with regard to the land No. 15 on the ground of sale on October 30, 1969, on the land of August 13, 1981, on the ground of sale on December 5, 1973; on the land of December 16, 1984, on the land of December 30, 198, on the ground of sale on the land of December 30, 1973; on the land of December 16, 1984, on the ground of sale on the land of December 19, 1983.

(2) On the other hand, on January 19, 196, each seller on the registry of the land in which the cause of the sale was registered is a third party, not the deceased. 2) The Defendant donated the land from the deceased on January 19, 1996 (hereinafter “instant donation”) and completed the registration around that time.

C. 1) The Deceased died on March 18, 2007, and the deceased’s spouse net F, the Plaintiffs, who are children, and the Defendant, net G, and H inherited the deceased’s property. 2) The Deceased did not have positive property or inheritance liability at the time of the death.

3) The netF died on August 4, 2012. D. The Defendant donated the land Nos. 11 through 16 on November 27, 2012 to I.

2. The Republic of Korea shall acquire land from the defendant on January 18, 2016 through January 10, 2016 through consultation from the defendant and the same year.

2. From November 2 to March 24, 2017, the Defendant paid a total of KRW 945,745,890 to the Defendant.

[Based on recognition] Gap evidence Nos. 1, 2, 13, 15, and Eul evidence Nos. 2 (including each number; hereinafter the same shall apply) and this Court.

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