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(영문) 수원지방법원성남지원 2016.11.29 2015가단210766
유류분청구
Text

1. The Plaintiff, and Defendant B, from June 5, 2015, and from June 5, 2015, Defendant C, Defendant D, and Defendant D.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) established the Plaintiff, Defendant B, H (Death on March 27, 2012), I, and J as his/her child between his/her spouse G and his/her child, and died on March 4, 2015.

The Plaintiff and Defendant B are joint obligees of 1/13 shares in respect of the Deceased.

Defendant C, Defendant D, and Defendant E are the grandchildren of the network F as children of Defendant B.

B. The Deceased did not have any particular positive and negative property at the time of death.

C. Meanwhile, on October 22, 2013, the Deceased donated the real estate (hereinafter “each of the instant real estate”) as indicated below to the Defendants on October 22, 2013, which was the birth of the decedent.

No. 119,482,00 L land D(1/2) E (1/2) 32,410,000 L, including above ground buildings, etc. 119,482,00 warehouses, 3 MD(1/2) E (1/2), 3,377,00 4K and 13,377,000 4K and 1/2 of M-ground stable C (1/2) B (1/2) (1/2) (1/2), and 1/2 of M-ground stables, which were donated to D and E, but in light of the use of land, it is reasonable to deem that the above stable was donated to B and C.

1,670,000 Unregistered total 216,923,000

D. However, each of the instant real estate was established on April 7, 2014, which was subsequent to the donation.

[Ground of recognition] A without any dispute, each entry of Gap evidence 5 through Gap evidence 7 (including Serial number; hereinafter the same shall apply), the appraisal result of the N appraiser's office, the purport of the whole pleadings

2. Whether legal reserve of inheritance is deficient, and the scope of return;

A. The Plaintiff asserted that the Plaintiff violated the Plaintiff’s legal reserve of inheritance due to the Plaintiff’s donation of each of the instant real estate to the Defendants and the donation of the funds for purchasing real estate listed in the separate sheet against Defendant B, and thus, the Defendants are obligated to refund the equivalent

With respect to Defendant C, Defendant D, and Defendant E, the amount equivalent to the Plaintiff’s legal reserve of inheritance in each real estate market price of this case, and with respect to Defendant B, part of the amount.

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