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Reasons
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(영문) 서울중앙지방법원 2016.08.18 2014가단5059425
유류분
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1. Defendant C:

A. The 1/13 shares among the 1/2 shares of each real estate listed in the separate sheet 1/2, and the above list to the plaintiffs.

Reasons

1. Basic facts

A. On November 9, 2013, the deceased E (F.C., hereinafter “the deceased”) died without any particular positive or negative property.

The deceased’s heir has wife G, the Plaintiffs, Defendant C, H, and I.

Defendant D is the finding of Defendant C.

B. On July 13, 2009, the Deceased donated 1/2 shares of each of the real estate listed in the attached Tables 1 and 2 (hereinafter “instant real estate”) to the Defendants on July 13, 2009, and completed each registration of ownership transfer in the name of the Defendants on the same day.

C. On August 30, 2013, the Deceased donated the instant three real estate to Defendant C, and completed the registration of ownership transfer under Defendant C’s name on the same day.

On September 3, 2013, the Deceased donated the instant real estate to Defendant C on September 3, 2013, and completed each registration of ownership transfer in Defendant C’s name on September 5, 2013.

From the account in the name of the deceased, the sum of KRW 528,837,130 was remitted to Defendant C as follows:

Serial Transfer Date 10,00,000,000 August 23, 2013 August 23, 2013; 10,000,000 August 23, 2013; 23,00,00,00 August 23, 2013; 165,234, 234, 2014; 10,75, Nov. 25, 2014; 10,1432 Korea Bank on May 30, 2013; 20,000 on August 23, 2013; 165, 234, 200,00; 20,000,000,000 won or more;

E. The Deceased subscribed to the pension insurance of DNA (DGB) life and teaching life. On September 25, 2013, the foregoing insurance contract was terminated, and KRW 142,810,393 and KRW 76,390,255 were deposited into the bank account in the name of Defendant C.

F. From the deceased’s bank account on May 30, 2013, KRW 86,040,000 and KRW 6,600,000 on August 28, 2013 were transferred to each Dong life insurance. This was that Defendant C paid in advance as the insurance premium for two unit of Raf rental savings insurance concluded between Dong life insurance and Dong life insurance around that time.

G. At the time of the death of the deceased, the inheritance shares of the plaintiffs are 2/13 each, and the ratio of the plaintiffs' legal reserve of inheritance is 1.0 each.

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