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(영문) 서울중앙지방법원 2018.04.16 2017나20448
유류분청구의 소
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Facts of recognition;

A. The deceased D (hereinafter “the deceased”) is married with the former spouse E (the deceased on November 30, 1967) and has children F, G, and the Plaintiff, who were married with H after the death of the above E, and there is a child between them.

The Deceased died on March 9, 2015.

B. The Deceased previously owned each real estate listed in the Jongno-gu Seoul Metropolitan Government I Apartment 101, 315 (hereinafter “I apartment house”), J apartment 610, 104, and 104 (hereinafter “J apartment”) in Seoul Jung-gu at the time of the commencement of the inheritance, and each real estate listed in the separate sheet (the value of KRW 180,000 at the time of the commencement of the inheritance) (the total value of KRW 907,926,000 at the time of the commencement of the inheritance) before the commencement of the inheritance. On February 28, 2013, the Deceased owned 70% of the I apartment house to F, and 30% to the Plaintiff, and J apartment shall be bequeathed to G, and each real estate listed in the separate sheet shall be bequeathed to the Defendant through a notary public by a notarial deed stating that each real estate will be bequeathed to the Defendant.

(No. 136, 2013) No. 136, certified public

On April 18, 2013, the deceased donated 1/2 shares of J apartment to G and K (G's spouse) on April 18, 2013, and completed the registration of ownership transfer for J apartment due to donation under the name of G and K. On November 20, 2013, the deceased donated each real estate listed in the separate sheet to the Defendant and completed the registration of ownership transfer for each real estate listed in the separate sheet under the name of the Defendant.

On the other hand, on June 2, 2013, the Deceased leased the lease deposit amount of KRW 200 million to L, and the expiration date of the lease term to L on June 17, 2015. The Deceased donated KRW 200 million of the lease deposit amount received from the said L to G.

In the account of a national bank account (Account Number M) in the deceased’s name, money was withdrawn as shown below.

Serial 100,000 on June 25, 2012, 200 on June 25, 2012; 3,000,000 on June 25, 2012; 1,642,710 on June 25, 2012; 3,000,50,000 on June 15, 2012 on June 29, 2012 on June 29, 2012; 1,000,60,000 on June 29, 2012 on June 29, 2012; 600,700 on June 29, 200, 200, or 600 on July 25, 2008;

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