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(영문) 부산지방법원 2019.09.18 2018가합47079
유류분 반환
Text

1. The Defendant: (a) KRW 108,231,835 for Plaintiff A, B, C, and D; and (b) KRW 46,385,073 for Plaintiff E; and (c) KRW 30,923,381 for Plaintiff F and G, respectively.

Reasons

1. Basic facts

A. The Parties’ relationship 1) The deceased I (Death on May 3, 2018, hereinafter “the deceased”).

A) On December 24, 1951, the deceased KK (Death on February 17, 2003) and the Plaintiff A, B, C, and D were married to the deceased on December 24, 1951 (Death on March 13, 2002), and the Defendant married to the Defendant on April 30, 2002, left L, M, network N (Death on November 16, 2015) as his child (the Defendant claimed that Plaintiff C and D were not the deceased’s heir because the biological relationship between the deceased and the Plaintiff C, and D did not exist. However, the claim that Plaintiff C and D did not become the deceased’s heir was not finalized, but the possibility that the parental relationship between the deceased and the Plaintiff C, and D was established cannot be ruled out, and the Defendant’s assertion cannot be accepted on the ground that there is a lack of evidence to acknowledge otherwise.

[2] The deceased on February 17, 2003, and the deceased on February 17, 2003, and at the time of the death, Plaintiff E and his children, the spouse, Plaintiff F and G.

The net N was deceased on November 16, 2015, and no heir exists on April 26, 2006, the deceased on April 26, 2006.

B. 1) On December 20, 2002, the Deceased: (a) on December 20, 2002, Plux 362 square meters and its ground buildings in Busan Dong-dong P, Busan Dong-dong Qb 17.9 square meters and R. 4.4 square meters in Busan Dong-dong (hereinafter collectively referred to as “each of the instant real estate”).

(2) On February 9, 2018, according to the Busan Metropolitan City Regional Land Expropriation Committee’s ruling of expropriation on December 18, 2017, the SDR deposited KRW 1,875,339,170 (hereinafter “instant expropriation compensation”) against the Deceased as the Busan District Court No. 777 in 2018, and completed the registration of ownership transfer on February 12, 2018.

On April 24, 2018, the deceased and the defendant's children M were fully paid the compensation for expropriation of this case.

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