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(영문) 서울서부지방법원 2017.05.18 2016나831
유류분반환
Text

1. The judgment of the first instance, including the primary claim and the additional preliminary claim altered at the trial.

Reasons

1. Basic facts

A. The relationship between the parties and the inheritance relationship 1) The network E (hereinafter “the network”);

(2) On November 14, 2013, upon death of the deceased, F, G, the Defendant, H, I, I, J, and D, who are the spouse C and eight children, jointly inherited the deceased according to their respective statutory shares of inheritance. 2) Inheritance shares of the above co-inheritors C3/19 and the remaining children are 2/19, respectively.

B. 1) On February 11, 2010, the Deceased donated each real estate listed in the separate sheet No. 1 to the Defendant, and on February 16, 2010, the Deceased completed the registration of ownership transfer under the name of the Defendant. 2) Upon filing a claim for damages against the deposit deposited by the Deceased in the name of H (Seoul Eastern District Court 2010Gadan2221) (Seoul East Eastern District Court 201), H was awarded a favorable judgment in favor of the Deceased, and H deposited the principal and delay damages in total (hereinafter “instant deposit”).

The Defendant received the instant deposit money on behalf of the Deceased on February 24, 2011 on behalf of the Deceased.

C. 1 Donation to H by the Deceased, etc.) On June 20, 1996, the Deceased, on H on June 20, 1996, K Apartment 402 Dong 104 (hereinafter “instant K Apartment”).

A) A gift was made, and thereafter, the registration of ownership transfer was completed under H’s name. After that time, the K apartment was reconstructed, and the Defendant made a registration of ownership transfer under the name of the Defendant on February 26, 2007, with respect to the real estate stated in attached Table 2(1). (2) The Deceased donated each real estate listed in attached Table 2(2) to H on May 7, 2005, and completed the registration of ownership transfer under H’s name on May 10, 2005.

3) Around January 23, 2007, the Deceased donated KRW 42,00,000 to H the lease deposit return claim against T Apartment 426, Jung-gu, Seoul, and around May 1, 2009, the Deceased donated KRW 30,000,000 for the lease deposit return claim against T Apartment 803, Jung-gu, Seoul (hereinafter “instant case”).

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