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(영문) 서울북부지방법원 2016.09.29 2014가합21971
유류분 등 반환
Text

1. For the plaintiffs:

A. Defendant F is listed in Section 2 of [Attachment I] List of Real Estate from May 16, 2015, respectively, and from May 16, 2015.

Reasons

1. Basic facts

A. Succession 1 of the Parties: (a) A married with theJ and her husband, and her husband and her husband were born; (b) on February 14, 1986, the J married on March 31, 1986, Defendant F and Defendant H, Defendant H, a spouse of the Defendant F, was born between Defendant F and the Defendant F. Defendant H. As the I died on May 16, 2010 (hereinafter “the deceased”). (c) Defendant F and Defendant F, the wife of the Deceased, were succeeded to the deceased on May 16, 2010 (hereinafter “the deceased”), and the share of inheritance was 3/17, the Plaintiffs and K, and Defendant H, the wife of the deceased, and the share of inheritance was 2/17, respectively.

At the time of the deceased’s death, there was no separate inheritance obligation.

3) Meanwhile, after the death at the end of 201, K inherited K solely by agreement and division. (b) The ownership and use relationship of the real estate listed in [Attachment 1 Real Estate List No. 1] is the ownership of the deceased, and the above real estate was completed by the Plaintiffs, K, Defendant F, and H according to each inheritance share based on the inheritance on November 11, 201, and Defendant G completed the registration of ownership transfer on February 16, 2012 as to 2/17 shares of K due to agreement and division.

The market value of the above real estate at the time of the deceased’s death is KRW 1,120,268,630.

2) Around May 14, 2015, Defendant G acquired profits equivalent to the rent by leasing the said real estate while managing it. A deposit for rent for divided use (won) is the second floor housing (Defendant G himself/herself), - A commercial building on the first floor (2nd 30,000,000, 100,000 - a store on the second floor (2nd 30,000,000,40,000, 1,400,000

C. As to the ownership and use of the real estate listed in paragraph 2 of the attached Table 1’s real estate list 1, the deceased and Defendant F own 1/2 shares, the deceased’s share 1/2 has been completed according to each inheritance share for each transfer of ownership by inheritance on November 12, 2010 by the Plaintiffs, K, Defendant F, and H., and Defendant G completed the transfer of shares due to inheritance by agreement division as to the shares of 2/34 deceased on February 16, 2012 x 1/2 of the shares of K 2/134 deceased x 2/17 of the shares of K.

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