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(영문) 수원지방법원성남지원 2015.11.27 2014가합206873
유류분반환청구
Text

1.(a)

Plaintiff

A With respect to Defendant D’s KRW 20,287,43, Defendant F’s KRW 9,795,895, and each of the said money, Defendant D shall be liable for the payment of KRW 20,287,43, and Defendant F’s KRW 9,795.

Reasons

1. Basic facts

A. On July 1, 2014, H (hereinafter “the deceased”) died. The heir is a L/M born between the Plaintiffs, Defendant D, Defendant F, Defendant F, J and the deceased and K born between the deceased and the former wife I, and Defendant E is the spouse of Defendant D, and Defendant G is the spouse of Defendant F.

B. The Deceased owned a 621 square meter (hereinafter “N land in this case”). However, on the instant land, the third floor building on the ground (hereinafter “instant building”) was newly constructed on August 31, 200, the preservation of ownership was completed in Defendant F’s name on August 31, 200. On July 31, 2008, the registration of ownership transfer was completed on the said land and building on June 17, 2008.

C. On May 19, 1970, the deceased owned a 686m2 (hereinafter “the instant O land”) located in the Chang-gun, Changwon-gun, Gowon-gun, and the 603m2 (hereinafter “the instant P land”) in the name of K was completed on May 19, 1970. However, on November 26, 2012, the registration of ownership transfer was completed in the name of the Chang-gun Livestock Cooperative on each of the instant land on October 23, 2012.

The Deceased owned Q 1,144 square meters (hereinafter “instant Q 3”) in Jeon Chang-gun, Jeon Chang-gun. However, on January 10, 2013, with respect to Defendant D, 231/14 shares, the ownership transfer registration was completed on the ground of donations on January 4, 2013, respectively.

E. The value of Q Q land of this case calculated as of July 1, 2014, when the deceased died, is KRW 709,280,000.

F. Plaintiff A donated KRW 25 million to the Deceased, Plaintiff B, and C, respectively, KRW 35 million.

G. At the time of the deceased’s death, there was no particular active and small property for the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 16, and 17 (including branch numbers; hereinafter the same shall apply) respectively.

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