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(영문) 청주지방법원 2017.02.02 2015가단108987
유류분반환
Text

1. Defendant D shall provide to the Plaintiffs each of the real estate listed in paragraphs 1 and 2 of the attached Table 1, 5,064, 780/373, 776,00.

Reasons

1. Basic facts

A. The deceased’s death and the deceased’s heir deceased on March 22, 2015 (hereinafter “the deceased”). Defendant D, E, and the Plaintiffs (the deceased’s father, the deceased’s father, had already died at the time of commencement of the inheritance, and the Plaintiffs succeeded to the deceased’s inheritance shares on behalf of the deceased). Defendant F is Defendant D’s children.

B. At the time of the deceased’s death, the deceased owned each real estate listed in the attached Table 2’s list at the time of the deceased’s death (hereinafter “each inherited real estate”). However, the market value at the time of the deceased’s death of each inherited real estate of this case is the aggregate of KRW 113,717,200 (= KRW 26,552,00 (the first floor of the building) (the second floor of the building) 31,303,00 (the second floor of the building).

C. The Deceased’s ownership transfer 1) On October 22, 2009, the Deceased’s respective real estate listed in [Attachment 1 and 1] List 1 and 2 (hereinafter “1 and 2 real estate”) against Defendant D on the part of the Deceased.

(3) The registration of ownership transfer based on the same day donation was completed on the same day, and on the same day, the real estate listed in Paragraph (3) of the same Table to Defendant E (hereinafter “third real estate”).

The registration of ownership transfer was completed based on the same day donation, and on April 6, 2012, Defendant F, the real estate listed in paragraph 4 of the same list (hereinafter referred to as “fourth real estate”) was completed on April 6, 2012.

As to April 5, 2012, the registration of ownership transfer was completed on the ground of donation. 2) The market price at the time of the death of the deceased of each of the above real estate is as listed below.

Defendant F [Grounds for Recognition] of KRW 38,498,00, Defendant D2, KRW 266,448,000, Defendant D3, Defendant D2, KRW 107,328,00, KRW 107,328,00, KRW 100, KRW 107,328,00, KRW 2666,448,00, KRW 124,20,00, KRW 120,00, KRW 33, Defendant E-4, KRW 4,200, KRW 124,200, KRW 124,000, KRW 10, the fact that there is no dispute over the market value of the real estate at the current owner’s market value

2. Shortage in legal reserve of inheritance;

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