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(영문) 의정부지방법원 2016.08.12 2015가단14
유류분등 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C died on May 10, 2014, and the Plaintiff and the Defendant are children of C, D, E, and F, and C’s children.

B. Of the land listed in the separate sheet on August 6, 198 (hereinafter “instant land”), each registration of ownership transfer was completed for each one-third portion of the land indicated in the separate sheet on February 15, 1988 (hereinafter “the instant land”). On July 4, 2002, with respect to one-third share of the Plaintiff’s name among the instant land, the registration of ownership transfer was completed based on a sales contract made on June 16, 2002 under the name of the Defendant for the first-third share of the Plaintiff, and on November 21, 2005, the maximum debt amount under the name of the Industrial Bank of Korea was completed in Japan 46,80,000,000, and the registration of establishment of mortgage for the debtor’s debtor (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage”).

C. On October 5, 1994, the registration of preservation of ownership in the name of the defendant was completed with respect to the buildings listed in the attached list (hereinafter “instant building”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2's evidence (including virtual number), the purport of whole pleading

2. As to the claim for advance reimbursement

A. As the plaintiff's summary of the plaintiff's assertion C has died, the plaintiff inherited the 1/5 share of the land in the name of C, i.e., the 1/15 share of the 1/5 share of the land in the statutory share of inheritance among the 1/3 share of the land in the name of C, i.e., the 1/15 share of the land in the relationship with the defendant as to the share of the 46,800,000 won in the relation with the defendant. As such, the defendant shall pay to the plaintiff 419,220,360 won in the amount calculated by converting the 46,800,000 won in Japan's UN on December 29, 2014 into the 895.7 Won/100,000,000 x 1/105 of the 895.77 Won/100,020 won in the relationship with the defendant (i.e., the 412020,360 won).

B. According to Articles 370 and 341 of the Civil Act, a mortgager to secure another person’s obligation shall pay his/her obligation or make a mortgage.

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