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(영문) 서울중앙지방법원 2016.06.21 2015가합532134
유류분반환 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The inheritance relationship between the parties 1) E was married with F and resulted in the Plaintiffs, and the death of F thereafter, the marriage with G on January 9, 1990, but the agreement was married on September 2, 1997. On August 17, 1998, E was married with Defendant C (title H) and resulted in Defendant D’s occurrence. 2) On April 20, 2015 (hereinafter “the deceased”). Accordingly, the Plaintiffs and children of Defendant C and their wife were succeeded to the deceased, and the inheritance portion was 3/9, the Plaintiffs and Defendant D were 2/9, respectively.

B. The real estate deceased, who was donated to the plaintiffs or the defendants before the birth of the deceased, donated each real estate listed in the No. 1 through No. 7 of the Table No. 3, which was owned by the deceased before the birth, to the plaintiffs or the defendants as stated in the above Table No. 3, and completed the registration of ownership transfer based on donation around that time.

The value at the time of death of the deceased of each of the above real estate shall be the same amount as stated in the column of "value at the time of inheritance" in the same table.

C. On March 26, 2008, Defendant C purchased the real estate listed in paragraph (8) of the title No. 8 in the table No. 3 attached hereto from I on March 26, 2008, and paid the purchase price to the deceased’s funds, and thereafter completed the registration of ownership transfer on March 28, 2008. (2) Defendant C purchased each real estate listed in paragraphs (9) through (11) of the title No. 3 in the table No. 3 attached hereto from J on August 9, 2008, and paid the purchase price to the deceased’s funds, and thereafter completed the registration of ownership transfer on August 28, 2008.

The value at the time of the death of the deceased of each of the above real estate shall be the same amount as stated in the column of "value at the time of inheritance" in the same table.

At the time of the death of the deceased, deposit claims were in total of 248,221,162 won at the time of the deceased’s death, and there was no debt to the deceased around that time.

【Unsatisfied facts, Gap evidence 1, Gap evidence 4 through 6, Gap evidence 9 through 11, and Eul evidence 3.

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