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(영문) 대전지방법원 2014.12.24 2013가합6784
유류분
Text

1. The Defendant shall grant Plaintiff A with respect to shares of 37,049,750/731,545,500 of the area of 787 square meters prior to Sejong Special Self-Governing City as to the shares of 37,049,750/731, 545,

Reasons

Basic Facts

The status E of the parties (hereinafter “the deceased”) married with F on October 19, 1958 and produced G, Plaintiffs, and Defendant.

The F died on May 17, 1992, and the Deceased died on August 2, 2013.

On September 12, 1995, the deceased, such as the donation of the deceased’s birth before the birth, donated to the plaintiff B a donation of H 3,630 square meters (hereinafter “the land in this case”) of Heung-gu, Seodong-gu, Chungcheongnam-gu (hereinafter “the land in this case”), and on September 20, 1995, the registration of transfer of the ownership in the name of the plaintiff B was completed.

Since December 24, 2007, the instant land was divided into 660 square meters for H field and 660 square meters for I field 2,970 square meters, and the said H field 660 square meters was changed to a warehouse site on February 20, 2008, and the said I field 2,970 square meters was divided into 495 square meters for I field 495 square meters and J field 2,475 square meters on July 12, 2010, and the said I field 495 square meters was changed to a site on November 24, 2010.

On May 14, 2012, the Deceased donated the instant land to the Defendant, and on May 30, 2012, the ownership transfer registration under the name of the Defendant was completed on the instant land.

On November 7, 2012, the Deceased donated to K’s spouse of the Defendant the land of the said three lots of land, the land of which is the land of the said three lots of land, the land of which is the land of the said three lots of land, the land of which is the land of the said three lots of land, the land of which is the land of the said three lots of land and the land of which is the land of the said three lots of land has been registered on November 8, 2012.

On August 2, 2013, the value of each of the instant land, which was at the time of the deceased’s death, is KRW 158,974,00 (the value of each of the instant land is KRW 158,974,00 (the same shall apply on January 7, 2014, which was at the time of the instant appraisal) and the value of the instant two land is KRW 739,69,695,00 in total [=153,120,000 (the value of the instant land at the time of the instant appraisal] KRW 118,80,775,000 (I, 495 square meters), and KRW 467,775,00 (J, 2,475 square meters) (the value of the instant three land is KRW 76,725,00 in total]. The value of the instant land is KRW 88,600,000 (M636,537,53636,5,000).

The Plaintiffs and the Defendant did not have any positive inherited property or inheritance liability at the time of the death of the deceased, as well as the inherited property at the time of the death.

【Ground of recognition】 dispute.

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