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(영문) 의정부지방법원 2019.07.10 2017가단109250
유류분반환청구
Text

1. As to the Plaintiff, Defendant B’s share 2,677,119 of each of the respective real estates listed in the separate sheet, respectively.

Reasons

1. Facts of recognition;

A. Family relations and inheritance relations D (E) and F (G) had five women under the chain of husband and wife, namely, H(ma), I(ma), J(3), K(4), the plaintiff(5), the defendant B(ma), and L(ma).

Defendant C is the wife of Defendant B.

H died on May 10, 1986.

Then, D was transferred to children other than the above H on May 23, 2014, while F was killed on September 30, 2016.

B. The transfer and inheritance of the network D properties 1) Each real estate listed in the separate sheet owned by the network D (hereinafter “each land of this case”)

As to L on August 17, 2010, each of the Defendants’ respective shares was completed on the ground of the gift as of August 6, 2010. (2) The ownership transfer registration was completed on the ground of the gift as of August 4, 2010, for each of the Defendants’ respective shares on August 17, 2010.

3) However, even after the death, the ownership registration still remains in the name of the network D with respect to the area of 4469 square meters and Q27 square meters in Seosan-si owned by the network D (hereinafter the above real estate is specified as a parcel number below RR).

C. The transfer of ownership on the instant apartment and the transfer of ownership on one parcel, other than S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

On November 3, 1995, the registration of ownership transfer was completed in the Plaintiff’s future on the grounds of the sale on March 27, 2002, and the registration of ownership transfer was completed in the Defendant B’s future on the grounds of the sale on March 27, 2002, and on May 18, 2009, KRW 122,00,000 for transaction value was completed on May 18, 200. 【The grounds for recognition】 The fact that there was no dispute, Nonparty 1-4 and 9 (including the serial number; hereinafter the same shall apply)

- Each entry of evidence No. B from No. 1 to 5, the purport of the whole pleadings

2. Judgment on the claim for restitution of legal reserve of inheritance

A. The shortage in the calculation method of the Plaintiff’s legal reserve of inheritance is calculated according to the following methods, specifying the property that forms the basis for calculating legal reserve of inheritance at the time of commencing the inheritance:

Shortage in legal reserve of inheritance =

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