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(영문) 의정부지방법원고양지원 2015.09.18 2014가단61909
유류분반환
Text

1. The defendant shall return to the plaintiff the secured portion of 1/15 shares of each of the real estate listed in the attached Tables 1 and 2.

Reasons

1. Basic facts

A. The deceased on August 9, 2008, the deceased on August 9, 2008, and his heir has spouse D, E, F, Defendant, G, H, and Plaintiff.

B. The registration of ownership transfer was completed in front of the defendant on December 24, 1981 with respect to each real estate listed in the separate sheet No. 1, and the registration of ownership transfer was completed on March 31, 1998 with respect to each real estate listed in the separate sheet No. 2, which was owned by the deceased C, on March 31, 1998. As to each real estate listed in the separate sheet No. 4, the registration of ownership transfer was completed on March 27, 1998 with respect to each real estate listed in the separate sheet No. 3, which was owned by each person listed in the previous owner column of the separate sheet No. 4, on each date listed in the separate sheet No. 3, which was owned by each person listed in the previous owner column of the separate sheet No. 4.

C. The registration of ownership transfer was completed on May 23, 1980 on the part of the Defendant on the ground of sale on May 19, 1980, and on July 27, 2010, the J completed the registration of ownership transfer on July 17, 2010 (the transaction price of KRW 214,50,000).

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 2, 7(including paper numbers), Eul 4 through 15(including paper numbers), the purport of the whole pleadings and arguments

2. Determination

A. The summary of the Plaintiff’s assertion was received from the deceased C each real estate listed in attached Forms 1 through 3 and the instant I land from the deceased C, and on April 7, 2010, the Defendant sold the instant I land in KRW 214.5 million to the J.

Therefore, the Defendant is obligated to transfer ownership of 1/15 shares of each real estate listed in the attached Forms 1 through 3, which correspond to the Plaintiff’s legal reserve of inheritance, to the Plaintiff, and to pay KRW 11/5 of the purchase price of the instant I land and delay damages therefrom.

B. The summary of the Defendant’s assertion is as follows: (a) from around 1973, the Defendant has a lot of assets with considerable scale of stock farms.

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