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(영문) 대구지방법원 서부지원 2018.11.23 2017가단54101
유류분반환청구
Text

1. Defendant D:

A. The 376/753 shares of the real estate listed in Nos. 1-3 of [Attachment 1] to the plaintiff A, B, and 4.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on June 18, 2016, and the Plaintiffs and the Defendants, the deceased’s inheritors, are children.

B. Defendant D completed the registration of transfer of ownership on each real estate listed in the separate sheet No. 1 on the grounds of the date and grounds for registration stated in the same list, and Defendant E completed the registration of transfer of ownership on each real estate listed in the separate sheet No. 2 on the grounds of the date and grounds for registration stated

C. On May 16, 2006, Defendant D donated 371/741 of the amount of 2450 square meters in Kimcheon-si G-si G-si, Kimcheon-si, 2450 square meters, and on December 1, 2014, Defendant D sold the said real estate share in KRW 25,042,50 to H.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. While the Plaintiffs, as the inheritors of the deceased, did not have any property inherited from the deceased, the Defendants infringed the Plaintiffs’ legal reserve of inheritance by donation of each of the real property listed in [Attachment Nos. 1 and 2] before the deceased’s birth.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer with respect to the portion of 1/10, which is the claim ratio of legal reserve of inheritance among the items of the attached Forms 1 and 2, to the Plaintiffs.

B. Defendant D had been donated 371/741 of the value of 2450 square meters from the Deceased on December 1, 2014 to H on a deposit basis of KRW 25,042,50,000, among the 2450 square meters in Kimcheon-si G, Kimcheon-si G. Defendant D subject to the return of the legal reserve of inheritance: (a) subject to the return of the legal reserve of inheritance: (b) subject to the return of the legal reserve of inheritance: (c) subject to the creation of the right to collateral security of KRW 26,00,000 on January 8, 2015; (b) subject to the loan of the equivalent amount; and (c) offered the amount equivalent to KRW 65,00,000 to the agricultural cooperative on March 23, 2016; and (c) offered L, M, N, each land, and N buildings as collateral to the Agricultural Cooperative on November 28, 2016.

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