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(영문) 수원지방법원안양지원 2016.05.12 2012가합7927
유류분반환
Text

1. Defendant F: (a) each of the Plaintiffs’ KRW 19,853,740, as well as 5% per annum from April 2, 2016 to May 12, 2016; and (b)

Reasons

1. Basic facts

A. The parties’ status network M (hereinafter “the deceased”) had the Plaintiffs as their children between N, the wife, and divorced from N on February 21, 200.

The Deceased died on August 21, 2012, and the Plaintiffs became legal successors (each inheritance share 1/2).

Defendant C and F are brothers and sisters of the Deceased, and Defendant D, E, and G are the assistants of the Deceased.

B. The Deceased’s gift to the Defendants entered into a gift agreement with the Defendants, O, and P as of the date on which the gift agreement was made on the attached Table 4 table Nos. 1 through 8, 11 through 19. The Defendants, O, and P completed the registration of ownership transfer on the ground of the above gift agreement with respect to each of the remaining real estate except the real estate listed in the Nos. 9 and 10 of the same table.

In addition, on August 20, 2012, the Deceased donated Defendant F a preferential right to benefit with respect to the Asia Trust as to the shares of 351/2,370 square meters in J 7,835 square meters in J 7,835 square meters in terms of the No. 9, 10 attached Table 4 attached hereto, and 307/4,640 square meters in K 18,654 square meters in total (hereinafter referred to as “ Qina Forest”).

(hereinafter referred to as “each gift contract of this case” is incorporated into a gift agreement entered into between the Plaintiff and the Defendants.

After the relevant criminal case, N filed a complaint against Defendant F, etc. on charges of fraud, fabrication of private documents, uttering of the above investigation documents, fraudulent entry of the original authentic document, uttering of the authentic document, uttering of the authentic document, and embezzlement with the purport that “Defendant F, from August 21, 2012 to August 21, 2012, by forging a gift agreement, etc. with the deceased’s name, etc., obtained the donation of the real estate owned by the deceased and acquired the equivalent value of the real estate, by using a forged contract, etc., and entered false facts in the real estate register, which is the original authentic document, and withdrawn money from the account under the deceased’s name without authority.”

Each of the donations in this case from the deceased on February 28, 2014.

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