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(영문) 서울고법(인천) 2019.10.18 2019나10352
유류분반환등청구의소
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiffs' claim corresponding to the above revocation part is filed.

Reasons

1. Basic facts

A. The relationship between the parties 1) F and net G (Death around February 6, 1996) are married couple and the defendant and H as his child. 2) The plaintiff is the spouse of H, the plaintiff C is the children of the plaintiff and H, and the defendant is the H's punishment.

3) H died on or around February 12, 2016, and H died on or around April 5, 2016 (hereinafter “the networkF”) and died on or around April 5, 2016.

B. B. (1) On June 12, 1996, the Deceased completed the registration of the transfer of ownership on the ground of inheritance by consultation and division on February 16, 1996, with respect to the land of 1997 square meters (hereinafter “I land”) in Yeonsu-gu Incheon Metropolitan Government on June 26, 1996, as to the land of 320 square meters (hereinafter “J land”).

2) After that, around October 2009, the Deceased sold I land to K for KRW 2.4 billion, and around February 2010, the Deceased donated KRW 580,311,280 to the Defendant, and KRW 584,444,835 to H, respectively. 3) H and the Defendant completed the registration of transfer of ownership on each one-half of the land and above-ground buildings of Bupyeong-gu Incheon Metropolitan City L and above-ground (hereinafter “instant real estate”) on June 25, 1996, after the G died.

After that, upon the death of H, the Plaintiff transferred the net H’s shares due to inheritance by agreement division on February 12, 2016, and currently the Plaintiff and the Defendant shared 1/2 shares of the instant real estate.

4. Meanwhile, from around 1996, the Deceased and the Defendant together resided on the third floor of the instant real estate from around 1996. The Defendant continued to reside in and use of and benefit from the instant real estate even after the Deceased’s death. From around 2005 to 2017, the Deceased and the Defendant reported value-added tax by receiving rent from the lessee of the instant real estate from

C. On January 13, 2016, the deceased, including his deposit claims of the deceased, shall be KRW 300 million in total, and KRW 500 million in total, including his/her deposit claims of M bank and KRW 200 million in insurance claims.

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