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(영문) 대구지방법원김천지원 2015.09.02 2014가단13576
유류분반환
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 on November 12, 2012, and the deceased on November 12, 2012, Defendant E (Inheritance Shares 21/49), the wife, Plaintiff (Inheritance Shares 14/49), Plaintiff (Inheritance Shares 14/49), Defendant B (Inheritance Shares 6/49), Defendant C, and D (Inheritance Shares 4/49) who were the wife of G, died on December 12, 2001.

B. Defendant E completed the registration of ownership transfer on the ground of sale on April 10, 2007, No. 19918, which was received on April 10, 2007, with regard to H apartment 1, 403 (hereinafter “instant apartment”).

C. At the time of the deceased’s death, the deceased owned 118 square meters and above-ground buildings in Jinju-si, I (hereinafter “instant commercial building”) and J 75 stores in Jinju-si (hereinafter “instant store”). There was KRW 26,230,000 deposit money, and KRW 14 million deposit money for the instant commercial building.

On November 16, 2012, the Plaintiff received KRW 26,230,000 from Defendant B’s deposit.

E. On November 27, 2012, the Plaintiff drafted a written renunciation of inheritance that “I waives inheritance on all the property (including the house in I at the Jinju City) owned with a thickness. I do not receive all, and do not raise any objection thereto.”

F. On November 30, 2012, the Plaintiff and the Defendants drafted a written agreement on the division of inherited property that the instant commercial building, the inherited property of the Deceased, shall be owned by Defendant E.

G. As to the instant commercial building, Defendant E completed the registration of ownership transfer based on inheritance due to the division held on December 13, 2012, the receipt of No. 61152, supra, as of December 13, 2012.

H. As to the instant store, Defendant C completed the registration of ownership transfer based on inheritance due to a split-off as of December 13, 2012, No. 61153, which was received on December 13, 2012, as to the instant store.

I. On April 23, 2013, Jinju-si acquired the instant commercial building by consultation, and Defendant E received compensation of KRW 373,223,330 from Jinju-si.

(j) The Plaintiff is against Defendant B and E on May 10, 2013.

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