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(영문) 제주지방법원 2020.09.15 2019나13957
유류분반환 청구
Text

1. At the request of the plaintiffs expanded in the trial, the judgment of the first instance court is modified as follows:

The defendant.

Reasons

1. The deceased on March 2017 (hereinafter “the deceased”) died. At the time, the deceased’s heir had wife G and 11 children (R, S, A, Defendant, T, Plaintiff B, Plaintiff C, I, Plaintiff D, J, and U as the deceased’s heir, and the deceased’s wife (the deceased’s son) and Hah (the deceased’s son) were the deceased’s heir.

On May 22, 2015, the Deceased donated 857 square meters (hereinafter “one real estate”) to I in Seopo-si, Seopo-si, Seopo-si, and completed the registration of ownership transfer on May 26, 2015.

On May 26, 2006, the Deceased donated 2,939 square meters (hereinafter “second real estate”) before Seopo-si N in Seopo-si, Seopo-si, and completed the registration of ownership transfer on May 29, 2006.

On May 22, 2015, the Deceased donated to the Defendant a value of 4,774 square meters (hereinafter “third real estate”) prior to Q in Seocho-si, and completed the registration of ownership transfer on May 26, 2015.

With respect to the third real estate, on January 23, 2003, the establishment registration of the mortgage-backed property was completed prior to the said donation, which was the amount of 60,000,000 neighboring mortgage holders V, the debtor J, the maximum debt amount, and the maximum debt amount. The secured debt of the said right to collateral security was fully completed on February 29, 2016.

Unless there are circumstances such as the Defendant’s repayment of the secured debt, the obligor J is deemed to have repaid the debt. Accordingly, the value of the third real estate is included in the value of the Defendant’s inheritance, which is based on the calculation of legal reserve of inheritance.

On the other hand, P was the father of the deceased and died on January 21, 1975. As to P’s 396 square meters (hereinafter “fourth real estate”), P’s ownership transfer registration under Act No. 3094 (Special Measures for the Registration, etc. of Real Estate Ownership) was completed on July 10, 1981, and thereafter on January 8, 2015 (the cause was: the inheritance by consultation division on October 12, 2009) was completed.

On September 15, 2015, the Deceased donated KRW 36,000,00 to J in cash.

There was no positive inheritance or inheritance obligation at the time of the death of the deceased.

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