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(영문) 수원지방법원평택지원 2015.11.06 2015가합8249
유류분반환
Text

1. On February 2015, the Defendant’s share of 94/100 of each of the real estate listed in the separate sheet Nos. 1 through (4) to the Plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on August 18, 2014. The deceased’s heir is the Plaintiffs, E, and F, who are children, and the Defendant is the deceased’s grandchildren as F’s children.

B. On March 30, 2004, the Deceased donated the real estate listed in [Attachment Nos. 1 to 4 (hereinafter “the real estate title of this case”) to the Defendant as indicated in [Attachment Nos. 1 to 4] of the [Attachment Nos. 1 to 2004, and the Suwon District Court completed each registration of transfer of ownership in the name of the Defendant as of April 7, 2004 as the receipt No. 10500 of the above donation.

The market price around the time of the deceased’s death of each of the above real estate is 24,385,700 won (84,300 square meters x 2,899 square meters) of the instant real estate 1 on the basis of the officially announced land price, and KRW 307,395,00 (75,900 square meters x 4,050 square meters) of the instant real estate 223,808,400 (143,100 square meters x 1,564 square meters) of the instant real estate 3 real estate, and KRW 149,310,000 (189,000 square meters x 790 square meters) of the instant real estate 4 real estate.

C. On March 29, 2006, the deceased donated the real estate No. 5 of this case to E, and completed the registration of transfer of ownership under the name of E based on the above donation under the received No. 10094 on March 31, 2006 by Suwon District Court, Songwon District Court, which received on March 31, 2006. The market price of the above real estate was KRW 197,237,700 (78,300 x 2,519 square meters) based on the officially announced land price.

At the time of the death of the deceased, the deceased owned the real estate Nos. 6 through 9 of this case. At the time of the death of the deceased, the market price of each of the above real estate was KRW 215,514,60 ( KRW 135,80 x 1,587 x 1,587 m2), the real estate No. 7 of this case 49,680,166 ( KRW 67,90 x 2,195 x 1/3, and less than KRW 1/66 x 70 m2; hereinafter the same shall apply), and the real estate No. 8 of this case was 16,143,166 ( KRW 68,50 x 707 x 1/3) and the real estate No. 9 of this case was 8,000,000, and

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10, 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

(a) Shortage in the method of calculating shortage in legal reserve of inheritance =

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