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(영문) 서울서부지방법원 2017.12.21 2017가합32305
유류분 청구
Text

1.(a)

Defendant F shall pay to Plaintiff A and B each of the above amounts of KRW 54,245,313 and each of the above amounts from December 4, 2017.

Reasons

1. The facts under the basis of facts may be found, either in dispute between the parties or in the entry in Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply), together with the whole purport of the pleadings.

Party and Inheritance Relation 1) The deceased H (hereinafter referred to as “the decedent”)

(2) On April 20, 2016, the deceased on April 20, 2016. The deceased’s heir is Nonparty I, Nonparty II, the spouse of the deceased, Nonparty II, and the Plaintiffs. Defendant F is the son’s son of the deceased, and Defendant G is the spouse of Defendant F. (2) The statutory share of inheritance of co-inheritors following the death of the deceased is 1/5, the Plaintiffs, and J. 2/15, respectively. The deceased did not have any positive property or obligation owned at the time of the death and there is no inheritance or inheritance obligation directly inherited by co-inheritors due to the death of the deceased.

B. Real estate donation 1) An inheritee was owned by the inheritee on October 24, 201, which was the birth of the decedent, and (1) through 1 through 8 real estate listed in the attached Table 1 list (hereinafter “real estate No. 1”).

(2) As to Defendant F, each registration of ownership transfer on the ground of gift made from October 19, 201, and 9 real estate listed in the separate sheet No. 1 (hereinafter “2 real estate”).

As to the Plaintiff, the registration of ownership transfer was completed to Defendant G on October 19, 201, respectively. 2) In addition, the decedent completed each registration of ownership transfer with respect to the Plaintiff’s 1/2 share of each of its 1/2 shares to K, who is the husband of the Plaintiff B, on November 11, 2011, on the ground of the gift as of November 11, 201 with respect to the 10,11 real estate listed in the attached Table 1, which was owned by the decedent on November 16, 2011 (hereinafter “instant 3 real estate”).

2. Judgment on the claim for restitution of legal reserve of inheritance

A. The summary of the plaintiffs' assertion is that the decedent donated each real estate Nos. 1 and 2 of this case to the defendants, and thus the plaintiff A and B of this case, respectively, KRW 61,426,076, and KRW 108,038,126 for the plaintiff C, D and E of this case.

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