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(영문) 대구지방법원 2017.06.28 2016나305127
유류분반환
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Facts of recognition;

A. The parties’ status network C (hereinafter “the deceased”) died on October 11, 2014, and the Plaintiff, Defendant, F, and G inherited the deceased’s property rights and duties at the ratio of 1/4 shares, respectively.

B. 1) The Deceased’s respective real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) before the death is included in the legal relations as to the property owned by the Deceased.

(2) On March 4, 2014, the Plaintiff owned the instant real estate and operated “D” as a manufacturer of assembled metal products under the name of the Deceased. (2) around March 4, 2014, the Deceased concluded a sales contract to sell the instant real estate to E in KRW 1,773,700,000 and received down payment of KRW 150,000 on the day the sales contract was terminated. On the same day, E filed a lawsuit seeking payment of KRW 300,000,000,000 for the deceased’s erroneous reasons, including the deceased’s failure to resolve the problem of lessee who was responsible at the time of the said sales contract. On May 28, 2014, the Plaintiff filed a lawsuit seeking payment of KRW 20,000,000,000 for down payment, which is an equal amount of down payment of down payment, as the claim amount.

3) On September 17, 2014, the Deceased sold the instant real estate to JsungMtech Co., Ltd. and completed the registration of ownership transfer following the following date. On September 18, 2014, the Deceased deposited KRW 300 million with the amount of a piracy deposit as to the provisional seizure of this case under the title of 1574 was deposited on September 18, 2014. (4) During the lawsuit for the return of the down payment No. 2014Gahap2410 between the Deceased and E, the Plaintiff, the Defendant, F, and G were taken over the Deceased, and the deceased was jointly and severally paid KRW 130,000,000 to E by January 23, 2015, and in addition, the damages for delay calculated at the rate of 20% from January 24, 2015 to January 23, 2015.

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