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(영문) 의정부지방법원 2016.12.22 2015나11114
유류분반환
Text

1. The judgment of the first instance court is modified as follows according to the expansion of the plaintiffs' claims in the trial.

The defendant.

Reasons

1. Presumed facts

A. Inheritance-related and lawsuit-related G (hereinafter “the deceased”) died on January 19, 2013, and the heir is the Plaintiffs, who are children, and Defendant DoD (hereinafter “the deceased”).

The network D died on August 16, 2013 when the instant lawsuit was pending.

The deceased D’s heir is the wife F and son, but the Defendant took over the instant lawsuit as the F renounced inheritance.

B. At the time of the commencement of inheritance, the deceased’s active inherited property has 165/1320 shares out of 364 square meters, 165/1320 shares out of 165/1320 shares, 20 square meters out of 2,834 square meters prior to the time of the commencement of inheritance, and there is no inheritance obligation.

C. On March 26, 2012, the deceased of the deceased’s gifted D completed the registration of transfer of ownership on the ground of donation on March 21, 2012, with respect to each real estate listed in the [Attachment 1, 2, and 4] list 1, 2, and 4.

The Deceased paid a total of KRW 5,00,000,000 in lieu of the acquisition and registration taxes of the network D on each of the above real estates donated to the deceased D on the same day.

On January 14, 2013, the deceased transferred KRW 70,000,00 from the Agricultural Cooperative Account under his own name to the network D’s account, and had the deceased withdraw KRW 9,00,000 from the network D’s same account in cash.

Plaintiff

A A A A A Gifted KRW 10,000,000 to be used by the Plaintiff for the repayment of debt around January 14, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 3, 5, 6, and 7 (including each number, if any) and the purport of the whole pleadings

2. The plaintiffs asserted that due to the birth donation to the deceased's net D, the amount of KRW 88,287,40, each secured portion of the plaintiffs exceeded KRW 45,245,313, respectively.

Therefore, the Plaintiffs seek against the Defendant the implementation of the registration procedure for ownership transfer of 1/10 shares of the 1/10 of each of the real estate in the attached list, which was donated to the deceased D, due to the return of goods in kind, and the remaining shortage of legal reserve due to the return of value, respectively.

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