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(영문) 서울고등법원 2019.09.27 2018나2073592
유류분반환청구
Text

1. The plaintiffs' primary claims that were changed in exchange in this court against the defendants are pending.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is the same as the entry of “1. Basic Facts” in the reasoning of the judgment of the court of first instance, except for the following modifications. As such, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 5 of the decision of the first instance shall add the following:

4) On December 31, 1998, Defendant E-related deceased completed the registration of ownership transfer for the land listed in [Attachment List No. 12 (so-called “AO0 house site”) as the gift on December 30, 1998 with respect to the land listed in [Attachment List No. 12 (so-called “AO0 house site”), and Defendant E received KRW 122,16,100 as compensation for the acquisition of the above land and its ground buildings through consultation with the Republic of Korea on September 10, 2001. Defendant E received KRW 122,16,100 as compensation for the acquisition of public land. Defendant E-related land No. 6 of the first instance judgment (in relation to the ground for recognition, the results of inquiry of the fact to the Chief of the Korea Rail Network Authority of the first instance court is added, and this Court is collectively “the first instance court”.

2. Summary of the plaintiffs' assertion

A. 1) Each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”) shall be classified by the sequences individually indicated.

(2) All of the deceased’s title trust was held by the Defendants. Since each of the above title trust was terminated or invalidated by the Plaintiffs, each of the above real estate or its acquisition amount belongs to inherited property. The Plaintiffs seek performance of the procedure for ownership transfer registration based on the cancellation of title trust or the restoration of real name upon the termination of each statutory shares in inheritance as an inheritor, and seek performance of the procedure for ownership transfer registration based on the return of unjust enrichment according to the invalidation of the title trust agreement, and seek performance of the obligation to return the acquisition price. (2) The deceased opened a deposit account in the name of Defendant D, E, and F, and opened the deposit account, and thus, they deposited the lease proceeds, etc. from each of the instant real estate.

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