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(영문) 의정부지방법원 2018.05.02 2016가합56974
손해배상
Text

1. For the plaintiffs:

A. The Defendant Incorporated Association F amounting to KRW 140,171,800 for each of its 140,171,800 and its related amount from June 25, 2015 to January 17, 2018.

Reasons

1. Basic facts

A. The Plaintiffs were children of Nonparty He, and H were legally married with Nonparty I (hereinafter “the deceased”), and reported the birth of the Plaintiffs as their natural parents, and the adoptive parent relationship between the deceased and the Plaintiffs was formed.

B. The deceased donated each of the instant land owned by the deceased to the Defendant F, a incorporated association (hereinafter “Defendant F”), and the Defendant G on May 11, 1984. Defendant F, through the registration conversion on December 9, 2015, changed the parcel number and size of Jinyang-si, Jin-si into 4,01 square meters. On December 14, 2015, the land was divided into 1,766 square meters before the Jin-si, Nam-si, Namyang-si, and 2,245 square meters of K forest and 2,245 square meters; hereinafter “the first land”). Defendant G completed the registration of ownership transfer for reasons of the donation agreement with the deceased on May 9, 1984; Defendant G completed the registration of ownership transfer for each of the instant land due to the registration conversion on July 9, 1985, and the registration of ownership transfer for each of the instant land was completed for the reason of the registration of ownership transfer.

C. On December 9, 2010, the Deceased died, and the Plaintiffs asserted that the gift of land, including each land listed in the separate sheet against the Defendants of the Deceased (hereinafter “each of the instant lands”), against the Defendants, educational foundations, L, and M& D Association, constitutes an infringement of the Plaintiffs’ legal reserve of inheritance, and filed a lawsuit claiming the return of legal reserve of inheritance. On July 26, 2012, the Lo Government District Court rendered a judgment that accepted all the claims of the Plaintiffs on July 26, 2012 (Korean Government District Court Decision 2011Ga7519).

The Defendants of the above judgment appealed against it, and the Seoul High Court accepted some of the above Appellants' claims and accepted them, and in relation to each land of this case, the Defendant F followed the procedure for ownership transfer registration due to the return of the legal reserve of inheritance on July 8, 2011 with respect to the portion of 1/14 out of the land of this case, and Defendant G followed the procedure for ownership transfer registration due to the return of the legal reserve of inheritance on July 8, 201. The shares of 1/14 out of the land

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