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(영문) 창원지방법원 2015.08.20 2014가단874
유류분반환
Text

1. The defendant is the Changwon District Court as to the first floor No. 110 of the Changwon-si Seoul District Court's Housing Co., Ltd. to the plaintiff.

Reasons

1. The facts below the basis facts are either in dispute between the parties or in each entry in Gap evidence 1 to 6 (including paper numbers), with a comprehensive consideration of the purpose of the entire pleadings.

A. On September 22, 2008, the parties’ relevant network H died with the Plaintiff, the Defendant, the J, the K, the K, the K, L, and M, who is the wife, and his children.

B. On August 17, 1966, the registration of ownership transfer was completed in the Defendant pursuant to Article 124(4) of the Rural Modernization Promotion Act on May 1, 1976 with respect to the land of 1729 square meters and E, 509 square meters in relation to the registration of real estate in Kimhae-si.

On July 6, 1973, the registration of ownership transfer was completed on July 14, 1973 with respect to the 386 square meters in Busan Northern-gu N. 386 square meters, and on October 21, 1986, the registration of ownership transfer was completed on June 15, 1987.

On June 19, 1989, registration of preservation of ownership was completed in the defendant's future with respect to the OO building in Busan Northern-gu.

On December 22, 1999, the registration of ownership transfer was completed on December 27, 1999 with respect to the F 61m2, G miscellaneous land in Changwon-si, Msan-si, Masan-si, Masan-si, and 572m2m2.

On February 22, 2003, the registration of preservation of ownership was completed on the F, G single-story building 329.66 square meters in Changwon-si, Changwon-si.

On October 12, 2000, the establishment registration of a mortgage contract was completed on October 13, 2000 with respect to No. 110 of the first floor of the Masan-si, Changwon-si, Masan-si, Masan-si, the P, P, Q, and B of the maximum debt amount of 50 million won.

2. The parties' assertion

A. Plaintiff 1) The deceased H donated each of the above immovables to the Defendant before his birth, and the Plaintiff was recently aware of the fact of the gift of real estate. 2) The deceased H loaned money to P on January 8, 1998, and jointly completed the registration of the establishment of a neighboring mortgage in the future of the Defendant to secure this, thereby the deceased H donated one half of the loans to P and collateral security rights.

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