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(영문) 서울중앙지방법원 2018.10.10 2016가합570591
유류분반환 청구의 소
Text

1. Defendant F shall:

(a) Each of the KRW 122,242,389 and each of them shall be annually from August 23, 2018 to October 10, 2018.

Reasons

1. Basic facts

A. The decedent H died on September 7, 2015.

B. As the inheritor of the inheritee, there are the Plaintiffs and Defendant E, who are children between the inheritee and the deceased I (Death on January 14, 2005) who are their spouses.

Legal shares of the plaintiffs and defendant E are 1/5 shares, respectively.

C. Defendant F is Defendant E’s child.

On February 3, 2006, the inheritee prepared a testamentary document stating that the notary public of the J-Dong Office No. 107, 2006, the inheritee bequeathed to Defendant E the real estate listed in the K apartment 904, 103 (hereinafter “instant K apartment”) and the attached inherited property list No. 2, Gangdong-gu Seoul Metropolitan Government L apartment 516, 203 (hereinafter “instant L apartment”) and each real estate listed in the attached Table No. 4 through No. 17 (hereinafter “the property of the above inherited property”) to the Defendant F, and that each real estate listed in the attached Table No. 516, 203 (hereinafter “instant L apartment”) will be bequeathed to the Defendant E by means of “real estate recorded in the order” or “property recorded in the order”).

E. After I died on January 14, 2005, the Seoul Family Court Decision 2008 Mahap77, to determine specific shares of inheritance among the plaintiffs, the decedents, and the defendant E (the petitioner: the plaintiff C, the other party, the plaintiff C, the defendant E, and the decedent) and the court rendered a final and conclusive judgment on January 9, 2009 as follows.

1. The Plaintiff B, C, and D shall be divided into ownership of 28,760 square meters of forest land in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun in each of 1/3 shares.

2. The Deceased shall pay KRW 83,085,777 to the Plaintiff B, C, and D, respectively.

F. Upon Plaintiff B, C, and D’s application, the compulsory auction procedure for the instant L Apartment owned by the decedent was initiated (Seoul Eastern District Court N) and the instant L Apartment was sold in KRW 1,200,99,000 on August 17, 2015. In the distribution procedure conducted on November 20, 2015, the lessee was paid KRW 60,000,000 to the lessee, and the Plaintiff B, C, and D were paid KRW 60,000 in the dividend procedure conducted on November 20, 2015.

An adjudication to confirm the entry in a port shall become an executive title.

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