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(영문) 서울중앙지방법원 2014.07.09 2013가합550190
유류분반환청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Party’s position 1) E died on April 24, 2010, and Defendant B is the wife of F, South Korea, and Defendant C is the wife of G, South Korea, E (i.e., Defendant B and C’s wife).

2) Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established in around 1985, and around that time, E was a director or internal director of the Defendant Co., Ltd., and F and G was the representative director, and the present representative director is Defendant C and G.

3) On August 14, 2012, the day after the death of E, the Plaintiff was sentenced to the Seoul Family Court Decision 2012Ddan21761, which declared that “the Plaintiff is the natural father of E”, and the judgment became final and conclusive as it is. (b) As to the Defendants’ real estate acquisition and transfer 1/2 shares in the name of E and K (E’s birth), the ownership transfer registration was completed at the ratio of 1/2 shares, respectively, in the name of E and E (E’s birth) on November 3, 1967, with respect to 1/2 shares of K in the name of E and K (E’s birth) in the name of F and G.

After February 14, 1990, the registration of ownership transfer was completed in the name of the defendant company on the whole land of I and J on April 27, 1987 under the name of the defendant company.

2) On November 3, 1967, the registration of ownership transfer was completed at the ratio of 1/2 shares in the name of E and K, and on August 12, 1980, the registration of ownership transfer was completed on the ground of donation made on August 11, 1980 in the name of M, F, G, Defendant B, and C, respectively. Since February 14, 1990, the registration of ownership transfer was completed on April 27, 1987 in the name of the Defendant Company with respect to the entire L on the ground of donation made on April 27, 1987 under the name of the Defendant Company. 3) The registration of ownership transfer was completed in the name of the Defendant Company with respect to the building on the ground of M, F, G, Defendant B, and J (hereinafter collectively referred to as “H land”).

[Ground of recognition] Gap evidence 1 to 4 (including a branch number).

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