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(영문) 울산지방법원 2017.04.18 2015가단29922
유류분
Text

1. The Defendant shares 13,518,891/132, 111,500 out of the real estate 1/2 shares in attached Table 2 Schedule 1 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Inheritance-Related C was married with D and generated the Plaintiff, Defendant, and E as their children. C died on October 19, 2015, and D and children who were her husband were co-inheritors. The statutory inheritance portion D is 1/3, the Plaintiff, Defendant, and E is 2/9.

B. (1) Real estate listed in [Attachment 1] List 1 (hereinafter “real estate of this case”) was owned by the Defendant and C, with 1/2 shares, respectively, but the registration of transfer of ownership in the name of E was made for the Defendant’s 1/2 shares on the ground of the donation from August 20, 199 with respect to 1/2 shares in C, on the ground of the donation from August 20, 199; the registration of transfer in the name of E was made for the Defendant’s 1/2 shares on the ground of the division of common property as of July 17, 2007; and again, the registration of transfer was made in the name of the Defendant on the same day on the same day on the grounds of

(2) The real estate listed in Appendix 1 List 2 (hereinafter “instant two real estate”) was owned by the Defendant and C, each of which was owned by 1/2 shares, but the registration of transfer of ownership in the name of E was made on the ground of the donation from August 20, 199 with respect to 1/2 shares owned by C, and the registration of transfer of ownership in the name of E was made on July 16, 2007 with respect to 1/2 shares owned by E due to the division of the common property as of July 16, 2007.

(3) The respective real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant 3 real estate and 4 real estate”) were owned by C, but each transfer registration in the name of the Defendant was made on the ground of the gift dated December 10, 2010 with respect to the respective 1/2 shares of the said 3,4 real estate, on the ground that the respective transfer registration in the name of the Defendant was made for the said 3,4 real estate and the respective 1/2 shares in the remaining 1/2 shares in the said 3,4 real estate on July 28, 2015.

(4) On the other hand, on January 23, 2014, the Plaintiff concluded a non-distribution home comprehensive insurance policy with the Hyundai Marine Fire Insurance Co., Ltd., and the Plaintiff paid 880,000 won out of the insurance premium to be paid to C on behalf of the Plaintiff.

(c) Inherited property and inheritance liability C were not owned by inherited property at the time of death, and Ulsan Agricultural Cooperative.

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