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(영문) 대구지방법원 2016.12.28 2016가단3154
유류분반환등
Text

1. The Defendants are 1/24.24.7% of the total 1/3 shares in each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts without dispute;

A. D had children F, G, H, and Plaintiff 2 South and North Korea between husband’s deceased E.

G was married with I and the Defendants as their children, and G and I divorced on June 13, 1991.

B. D brought up the Defendants, a female, after G’s divorce, and continued to live together with the Defendants, and received their support in the old age.

On October 17, 2007, D donated each of 1/3 shares of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendants.

C. In addition, on April 24, 2013, D sold the remaining 1/3 shares in each of the instant real estate to I, who is the mother of the Defendants, KRW 70 million. Defendant B, while preserving KRW 61 million out of the purchase price received, used part as D’s hospital expenses, etc.

D The death of January 13, 2016, and the property was not owned at the time of death.

2. Determination:

A. Comprehensively taking account of the following: (a) the Defendants and D knew that the gift of 1/3 shares out of each of the instant real estate was likely to cause damage to the right holder including the Plaintiff; (b) even if D’s gift was not made within one year before the commencement of the inheritance, the Defendants are obligated to return 1/8 shares (legal share 1/4 x 1/2) out of each of the 1/3 shares of each of the instant real estate to the Plaintiff, the right holder of legal reserve of inheritance.

B. 1) The Plaintiff asserts that the Defendants forged the power of attorney with the certificate of personal seal impression issued in the name of D and transferred the portion of 1/3 of each of the instant real estate to I and embezzled the amount of KRW 61 million out of the purchase price received from I, thereby causing damage to D, and that the Defendants would pay KRW 1,5250,000,000, which is the Plaintiff’s share of inheritance, out of the Plaintiff’s claim for damages, to D. However, the Defendants’ sales document forgery.

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