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(영문) 전주지방법원 2018.11.21 2016가단34986
유류분반환
Text

1. Defendant C’s KRW 9,811,960 as well as 5% per annum from August 14, 2018 to November 21, 2018, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. E (hereinafter “the deceased”) died on December 4, 2015, and his heir was F, the Plaintiff, the Defendant B, the Defendant C, and G, and Defendant D’s children.

B. The registration of ownership transfer was completed on May 11, 2005 with respect to the real estate of this case, among the real estate listed in the separate sheet that was owned by the deceased (hereinafter “the real estate of this case 1 through 11”), and the registration of ownership transfer for the real estate of this case 2, 3, and 3-1 was completed on September 4, 2008 under the name of the defendant C. The registration of ownership transfer for the real estate of this case 4, 5 was completed on February 2, 2012. The registration of ownership transfer for the real estate of this case 6, 7 was completed on May 11, 2005 under the name of the defendant C on May 11, 2005. The registration of ownership transfer was completed on the real estate of this case 8, under the name of the defendant D on February 11, 2009. The registration of ownership transfer was completed on February 11, 2009.

C. At the time of the deceased’s death, the market price of the instant 1 real estate is KRW 151,643,700; KRW 8,1250,00 for the market price of the instant 2 real estate; KRW 16,753,50 for the market price of the instant 3 real estate; KRW 9,986,400 for the instant 3-1 real estate; KRW 43,3590 for the market price of the instant 4 real estate; KRW 126,976,00 for the instant 6 real estate; KRW 198,925,00 for the instant 7 real estate; KRW 213,150,40 for the market price of the instant 8 real estate; KRW 37,501,200 for the instant 9 real estate; KRW 531,600 for the market price of the instant 10 real estate; KRW 53,601,600 for the instant real estate price.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 3, 5, and 6 (including each number), the result of the market price appraisal of appraiser H, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s gift to the Defendants of the Deceased is the Plaintiff’s legal reserve of inheritance.

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