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(영문) 서울서부지방법원 2020.07.22 2019가합32620
유류분반환
Text

1. As to the Plaintiff’s share of 261,862,168/1,152,396,00 among the real estate listed in paragraph (1) of the attached Table, Defendant B shall attach to the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 1959, the deceased E (hereinafter “the deceased”) married with F on December 29, 1959 and divorced on October 26, 1961.

Sheshe got married with Defendant C on July 22, 1963, and 2 South and North 1st son (a child to Defendant B, Defendant D, and his/her daughter). A son G died on November 28, 2006.

Article 12(1)(2)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1)(1

Applicant died on June 2, 2018.

(v) on July 19, 2018, Defendant C filed a report to waive the deceased’s inheritance of property, and the said report of renunciation of inheritance was accepted by the Seoul Family Court 2018 Madan5485.

B. (i) The Deceased owned the real estate listed in the [Attachment List Nos. 1 to 5 (hereinafter referred to as the “real estate of this case”) before birth (the ownership of the real estate of this case No. 1, 2, and 1/2 shall be limited to the shares of 1/10), and the ownership of the real estate of this case No. 5 was changed as follows.

㈎ 이 사건 제1부동산 ① 망인은 1982. 11. 20. 이 사건 제1부동산에 관하여 소유권이전등기를 마쳤다.

② On September 13, 2002, Defendant C completed the registration of ownership transfer based on donation on September 9, 2002 with respect to one-half portion of the instant real estate No. 1.

③ On July 3, 2018, Defendant B completed the registration of transfer of ownership based on testamentary gift on June 2, 2018, with respect to the deceased’s share of one half of the first real estate of this case.

④ On July 16, 2018, Defendant D completed the registration of ownership transfer on July 16, 2018 with respect to Defendant C’s 1/2 shares among the instant real estate No. 1.

⑤ At the time of commencing the inheritance, the market price of the first real estate of this case was KRW 2,304,792,00.

㈏ 이 사건 제2부동산 ① 망인과 피고 C는 2003. 6. 5. 이 사건 제2부동산에 관하여 각 1/2 지분씩 소유권보존등기를 마쳤다.

② Defendant B, on July 3, 2018, based on legacy on June 2, 2018, with respect to the portion of the deceased’s 1/2, among the instant 2 real estate.

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