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Reasons
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(영문) 서울북부지방법원 2016.11.10 2013가합22762
유류분 반환 청구의 소
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1. The Defendant: (a) KRW 947,061,503 to the Plaintiff; and (b) 5% per annum from November 28, 2013 to November 10, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 27, 2012, the deceased’s death and the deceased’s heir deceased’s heir deceased (hereinafter “the deceased”) died, and the deceased’s heir is the Plaintiff and the Defendant, their children.

B. There is no active and negative property at the time of the deceased’s death.

C. (1) On November 12, 2003, the deceased’s donation to the Defendant (1) donated the Defendant a building with a size of 196 square meters and above ground (hereinafter “instant real estate”) in Yongsan-gu Seoul Metropolitan Government, and completed the registration of ownership transfer on the same day. The market price at the time of the commencement of the instant real estate was 6,133,931,960 won.

(2) Meanwhile, the deceased leased the second and third floors of the instant real estate to E with a deposit of KRW 130 million, monthly rent of KRW 900,000,000,000,0000 per month, and leased the first floor store to F with a deposit of KRW 40,000,000,000 per month, and leased another store to G with a deposit of KRW 40,000,000,000 per month. The deceased leased the instant real estate to G with a deposit of KRW 1.6 million on July 25, 2003, with a loan of KRW 75,00,00 from the new bank, which was secured by the instant real estate, and the Defendant succeeded to the aggregate of the lease deposit repayment obligations against the said lessee, KRW 210,000,00,000,00,000,00 for a new bank.

(3) On November 12, 2003, the Deceased donated KRW 81,029,627 to the Defendant. D.

On March 8, 2004, the Deceased’s donation to the Plaintiff was made to the Plaintiff on March 8, 2004, the value of H apartment No. 304, 301 (hereinafter “H apartment”). At the time of the commencement of the inheritance of H apartment, the market value of H apartment is KRW 295,00,000.

[Ground of recognition] The facts without dispute, Gap evidence 1 through Gap evidence 5, Gap evidence 7 through Gap evidence 10, Eul evidence 4, Eul evidence 6, Eul evidence 7 (including partial numbers), the result of the market price appraisal commission to appraiser I, the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion lies in the Defendant.

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