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(영문) 서울중앙지방법원 2018.10.31 2017가합571478
유류분반환청구의 소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Family relationship D died on August 9, 2017. The deceased (hereinafter “the deceased”)’s heir is the Plaintiff, who is a spouse E and nine children, including the Defendants who are his/her spouse E and the Defendants, and a Flusian child in a de facto marital relationship with the deceased.

B. On May 24, 2002, the deceased’s donation to Defendant B, etc., completed the registration of transfer of ownership on each of the 1/2 shares of the Seocho-gu Seoul Seocho-gu H-gu 368 square meters (hereinafter “H land”) as gift to Defendant B and his spouse, who is the deceased.

C. On May 31, 2002, the deceased owned 11 lots of land, including Leecheon-si I, and owned 1/3 shares of 702 m2 and 795 m2, respectively. The deceased agreed to exchange 2/3 shares of L on April 18, 2002 and 11 shares of L on April 18, 2002, including 2/3 shares of L and 11 shares of the deceased, and 10 shares of 2/3 shares of L from each of the above J lands, and 11 shares of 1/3 shares of the deceased. (2) On April 31, 2002, the ownership transfer registration was completed on April 18, 2002 for each of the above J lands, and on the same day, the ownership transfer registration was completed on April 18, 2002 for each of the above shares owned by the deceased.

3) On August 18, 2008, each J land was combined with the said land and became 1,497 square meters in order to be divided into JJ land in order to be divided into JJ land 1,121 square meters and N 376 square meters in size on April 22, 2016 (hereinafter collectively referred to as “J land”).

(D) As to inherited property at the time of the deceased’s death, KRW 130,00,00, which remains in the account of the deceased’s No. 201 of the O apartment No. 103 Dongcheon-si, the second floor No. 103 (hereinafter “Ocheon-si apartment”) and the No. 201 of the deceased’s Savings Bank (Account Number: P; hereinafter “CF”) and the No. 9,982, and the deceased’s post office account (Account Number: Q. hereinafter “CF account”) are deposited in KRW 130.

2..

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