(영문) 부산지방법원 2018.11.14 2016가합46829

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(영문) 부산지방법원 2018.11.14 2016가합46829

유류분반환청구

Text

1. The Defendant shall pay 78,590,909 won to Plaintiff A and B each and 15% per annum from September 2, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The inheritance-related network E (hereinafter “the deceased”) married with the networkF (hereinafter “F”), and left the Plaintiffs and the Defendant as their children.

The F died on November 23, 2005, and the Deceased died on August 8, 2015.

B. The deceased’s legacy 1) F on July 27, 1988, the Busan Gangseo-gu Busan Gangseo-gu 2800 square meters (hereinafter “instant real estate 1”).

(2) On December 15, 2010, after the death of F, the Deceased filed a petition for a trial seeking the division of inherited property with the Busan Family Court No. 2010shap45 on December 15, 201. On September 6, 2011, the above court decided to recommend reconciliation with the purport that the Deceased shall acquire 5/11 shares and 2/11 shares, respectively, of the Plaintiffs, and the decision became final and conclusive around that time.

(3) On September 9, 2011, the deceased’s ownership transfer registration was completed on the portion of 5/11 of the instant real estate No. 1. 4) on September 9, 201, according to the foregoing settlement recommendation. The deceased bequeathed 5/11 of the instant real estate to the Defendant on August 9, 2013 by means of a testamentary document preparation, and accordingly, the Defendant completed the registration of ownership transfer based on testamentary gift on January 19, 2016.

C. On September 2, 2014, the Deceased’s gift to the Defendant: (a) sold KRW 474,000,000 for the purchase price of the building and its ground (hereinafter collectively collectively referred to as “instant second real estate”) to H as KRW 350,00,000; and (b) thereafter, the Deceased’s gifted KRW 350,00,000 out of the sale price was donated to H.

At the time of the death of the deceased, there was no positive inherited property and inheritance obligation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion is the transfer of the deceased from the deceased.

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