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(영문) 대구지방법원 포항지원 2018.04.27 2017가합10706
유류분반환청구의소
Text

1. As to the Plaintiff A’s share of 9,653, 219/410,00,000 among the real estate listed in the separate sheet, Defendant C’s share, and Defendant D’s share of 11,417.

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) E was married to F and placed the Plaintiffs, C and G, H, and I as their children. 2) Defendant D is the spouse of Defendant C.

3) The F died on July 5, 2015, and E died on June 14, 2016 (hereinafter “the network E”).

B. B. 1) On December 15, 2010, the deceased related to the purchase price of each land between South-gu J and K is omitted from the entry of the remaining-gu J and K’s land at port to L on December 15, 2010 when referring to real estate in the case of payment of money and transfer of ownership of real estate.

(1) The sales amount of KRW 398,400,000 (hereinafter “first sales amount”) shall be 398,400.

(B) Around that time, the deceased paid I KRW 250,000,000 out of the primary purchase price. (B) On November 8, 2011, the deceased related to the purchase price of M land sold 1/2 shares of M to N andO in the purchase price of KRW 720,00,000 (hereinafter “the secondary purchase price”) and then donated KRW 10,000 out of the secondary purchase price to Plaintiff B at that time.

C) On July 24, 2015, the Deceased sold P land in KRW 335,00,000, and Q land in KRW 325,00,000 to S on the same day (hereinafter referred to as “third-party purchase price”), respectively, in total, the sales price of P and Q land in KRW 325,00,00 (hereinafter referred to as “third-party purchase price”).

(2) (2) On July 27, 2015, the Deceased donated KRW 70,000,000, out of the third purchase price to the Plaintiff B. (3) The Deceased, under his supervision, issued a check to the Defendant C with KRW 660,00,000 (i.e., KRW 335,000,000) in return for a housing mortgage loan, tax payment, hospital expenses, nursing expenses, and networkF’s graveyard installation, etc., and donated KRW 55,00,000 remaining amount to the Defendant on April 1, 2015, the Deceased terminated his/her bank account on April 1, 2015, and issued a check to the Defendant as KRW 328,610,000 in total, and KRW 328,610 in total,300 in total after the Deceased’s bank account was terminated.

6.17. Chapter 3 above.

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