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(영문) 울산지방법원 2018.01.10 2016가합23720
유류분반환
Text

1. The Defendant was dated November 9, 2016 with respect to one-six shares of each of the real estate listed in the separate sheet Nos. 1 and 2 to the Plaintiffs.

Reasons

1. Basic facts

A. Between the deceased D (hereinafter “the deceased”) and the wife divorced, the Plaintiffs and the Defendant, who were his/her father, were married, and the Deceased died on July 2, 2016.

After the death of the deceased, the Plaintiffs and the Defendant inherited the deceased’s property, and the statutory inheritance portion is 1/3, respectively.

B. At the time of death, the Deceased owned each real estate listed in [Attachment List Nos. 1 through 5]

(hereinafter referred to as "real estate 1 through 5" in the order of the above real estate, and when they are collectively referred to as "each of the above real estate" (hereinafter referred to as "each of the above real estate").

On June 17, 2016, the Deceased drafted a testamentary gift to the Defendant (hereinafter “instant testamentary gift”) by means of a testamentary gift (hereinafter “instant testamentary gift”). D. The testamentary gift by the instant testamentary gift was written.

At the time of the preparation of the notarial deed of this case, the registration of the establishment of a neighboring mortgage consisting of the maximum debt amount of 39,000,000 won in the name of the agricultural cooperative as of August 1, 2008 and the registration of the establishment of a neighboring mortgage consisting of 130,000,000 won under the name of the monthly agricultural cooperative as of August 31, 2010 was completed, under Article 86658 of the same court, as of August 31, 2010. The deceased borrowed KRW 100,000 from the agricultural cooperative as of March 8, 2016 by means of re-lending each of the above collateral obligations.

E. On August 22, 2016, the Defendant completed the registration of ownership transfer based on the legacy of this case under the 97394, which was received on August 22, 2016, with respect to the real estate No. 1.

F. Meanwhile, around March 2016, the Deceased leased KRW 50,000 from F in Daegu-gu G Apartment, KRW 105,501, and KRW 50,000,00, the lease deposit was to be leased to the Defendant by changing the name of the lease prior to the death to the Defendant (hereinafter “instant donation”).

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