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(영문) 서울중앙지방법원 2014.11.07 2012가합67080
유류분
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased D (the deceased on October 7, 201, hereinafter “the deceased”) married with E on March 16, 1945, and left the Plaintiff as his child. On March 23, 1956, the deceased married with E on March 23, 1956, and married with E on December 13, 1956, and appointed G, H, I, and J as his child. From around 1973, Defendant C and K had a de facto marital relationship with Defendant B as his child.

B. On April 7, 1983, the deceased completed the registration of ownership transfer on the ground of “sale on April 7, 1983” in the name of Defendant B with respect to the land of 2,686 square meters of the North-gu Lbaon (hereinafter “Lbae”) in the name of Defendant B, which is one of his own possession. Accordingly, the registration of ownership transfer was completed on July 30, 1985 with respect to Lbae land under the name of a school juristic person M (the deceased was established on July 7, 1973 and served as the president until June 2008; hereinafter “M”).

C. On May 16, 198, the deceased completed the registration of ownership transfer on the ground of “sale on May 16, 1988” in the name of the defendant B with respect to the N apartmentO (hereinafter “N apartment”) in the name of the defendant B. The registration of ownership transfer was completed on the ground of “sale on March 27, 1997” in the name of P on April 30, 1997.

Defendant C purchased from Q on November 20, 2010 the Ro Building S (hereinafter “RB”) of Gangnam-gu Seoul Metropolitan Government RB from Q to KRW 1.77 billion and completed the registration of ownership transfer on November 23, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9, 10, 14, 22, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion L, forest and N apartment were donated to Defendant B by the deceased, and at the time, the deceased and the above Defendant knew that this would cause damage to the Plaintiff, who was the person having the right to the legal reserve of inheritance. Thus, the above Defendant is of the value of L, forest and N apartment as of October 7, 201, which was the date of commencing the inheritance.

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