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(영문) 대구지방법원 2015.08.20 2015가합1134
유류분반환
Text

1. The defendant shall appoint the plaintiff (appointed party) and the selectors listed in the separate sheet No. 1:

(a) the real estate listed in Appendix 2 List 1;

Reasons

1. The following facts do not conflict between the Parties:

Nonparty D (hereinafter “the deceased”) died on January 10, 2014, and Plaintiff A, Plaintiff B, Selection E, Selection F (hereinafter collectively referred to as “Plaintiff, etc.”) and Nonparty G, as their children, are co-inheritors of the deceased.

B. On January 13, 2006, the Deceased donated each real estate listed in the separate sheet 1 through 4 to the Defendant on January 13, 2006, and the registration of ownership transfer was completed on January 17, 2006 with respect to each of the above real estate under the name of the Defendant on the ground of donation under the Ordinance No. 569 and its receipt. On December 15, 2014, the Defendant sold each of the above real estate to Nonparty H for KRW 50 million on December 23, 2014, and completed the registration of ownership transfer on December 23, 2014.

C. The Deceased separately donated the Defendant KRW 54 million on June 29, 201, and KRW 14 million on March 19, 2012.

2. The plaintiff et al. and the defendant, as co-inheritors of the deceased, infringed the legal reserve of inheritance of the plaintiff et al., who are other co-inheritors by receiving each of the real estate listed in the separate sheet No. 2 attached hereto from the deceased. Thus, the defendant is obligated to pay the plaintiff et al. the plaintiff et al. the ownership transfer registration procedure due to the plaintiff et al.'s return of 1/12 shares of the real estate listed in the separate sheet No. 2 attached hereto (hereinafter "the real estate No. 4 of this case"). <28,326,350, the defendant already disposed of the real estate No. 128,326,350, the total amount of the compensation for losses of the real estate No. 696,326,350, the amount of KRW 1/12 shares of the plaintiff et al., each of which is short of the legal reserve of inheritance of 58,027,00 won and delay damages therefrom.

3. Determination

A. According to the above facts, the plaintiff et al. shall have the right to claim the return of legal reserve of inheritance.

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