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(영문) 수원지방법원 2019.04.18 2017가단515738
소유권이전등기
Text

1. The defendant shall pay to each of the plaintiffs the amount of KRW 20,338,356 and each of the above amounts to the plaintiffs from April 19, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 17, 1989, the deceased E (hereinafter “the deceased”) remarriedd with the Defendant on April 17, 1989, but the agreement was reached on April 26, 2016.

B. The Deceased died on May 3, 2016 while the Deceased’s disease was administered as a rock, and the Plaintiffs, a child between the Deceased and F, succeeded to the Deceased.

C. The deceased’s birth donation 1) The deceased’s birth donation 1) on March 17, 2016 to the Defendant is the real estate listed in [Attachment List No. 1] on March 17, 2016 (hereinafter “instant G land”).

(2) On March 9, 1999, the deceased completed the registration of ownership transfer on the ground of donation on March 16, 2016, and completed the registration of ownership transfer on January 20, 2003 with respect to the remainder of 1/2 shares among the remainder of 91 square meters in the G G G G Dae-si. (2) On January 16, 2016, the deceased completed the registration of ownership transfer on the ground of partial donation on March 8, 1999 with respect to the part of each real estate listed in paragraphs 2 and 3 of the attached Table (hereinafter “H land and housing”), and on the remainder of 1/2 shares on March 17, 2016, the registration of ownership transfer on the ground of donation was completed on March 16, 2016.

On the other hand, the deceased established a collateral and borrowed each of the instant real estate as a joint collateral, and the defendant acquired the ownership of each of the instant real estate, thereby acquiring the collateral obligation of KRW 110 million.

In addition, the Defendant acquired the total amount of KRW 75 million for the repayment of the lease deposit to the lessee of the H housing in this case.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, and the result of this court’s order to submit financial transaction information to the International Association’s branch, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion 1) Since the defendant's donation of each of the instant real estate from the deceased infringed on the plaintiffs' legal reserve of inheritance, the defendant sought the return of the insufficient legal reserve of inheritance against the defendant. 2) The deceased's donation of each of the instant real estate to the defendant.

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