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(영문) 서울남부지방법원 2019.09.24 2018가합107689
유류분반환청구의 소
Text

1. For the plaintiffs:

A. As to the shares of 350,900/16,432,695 out of the real estate listed in the separate sheet No. 1 list, Defendant G shall be deemed to have been paid on Nov. 1, 2017.

Reasons

1. Basic facts

A. The deceased L (the deceased on November 18, 2014, hereinafter “the deceased”) had ten children, including N,O, P, Plaintiff A, C, D, E, Defendant G, and Q, who are the husband of the network M (the deceased on October 17, 2007). Defendant H and I are children of Defendant G, and Defendant J and Q.

B. On March 20, 2012, the Deceased donated to Defendant G a house with low-rises and low-rises on the same ground as indicated in the separate sheet No. 1, but according to the appraiser R’s appraisal result, it is recognized that the current closed-end closed-end prices, which are of little economic feasibility, has not been disputed, and both the Plaintiffs and the Defendants do not dispute that they are included in donated property, this does not include them.

A gift of one’s own shares (3/23 shares) was made to Q, Defendant J, and K on the same day, one-third of shares (1/23 shares) as shown in the attached Table 2, and one-third of shares (1/23 shares), as shown in the attached Table 3, were donated to Defendant H on the same day, and on the same day, he donated shares (1/2 shares) as listed in the attached Table 3 to Defendant I as listed in the attached Table 4, and donated shares (3/23 shares in the case of real estate listed in the attached Table 4, and the ownership transfer registration for each share was completed.

(hereinafter “each of the instant donations”). On the other hand, on February 2015, the ownership was transferred to Jeonju-si due to the acquisition of public land by consultation around the Seoul Special Metropolitan City on the purchase of land for public use on the same day.

C. The Deceased had previously held the Agricultural Cooperative Account (T, hereinafter “the deceased’s Agricultural Cooperative Account”).

From December 1, 2007, Defendant G, the president of the deceased, had started to live together with the deceased, and performed his duties, such as withdrawing deposits and executing the said account at the time of keeping the passbook (the deceased lived with Q from April 2009, but the account passbook continued to be managed by Defendant G). The account of the deceased was deposited in the agricultural cooperative account of the deceased in total of 658,343,824 won from September 1, 2008 to April 28, 2015, and total of 658,330.

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