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(영문) 울산지방법원 2018.05.01 2017가단918
유류분반환
Text

1. The Defendant’s legal reserve of inheritance on January 25, 2017 with respect to one-eight share of each of the real estate listed in the separate sheet to Plaintiff B.

Reasons

1. Facts of recognition;

A. D as a child by marriage with E (Death on September 5, 2005), D produced four kinds of the plaintiffs, the defendants, and F as their children.

D As of October 20, 2016, children were co-inheritors (hereinafter “the deceased”), following the death on October 20, 2016 (hereinafter “the deceased”), and the statutory inheritance portion is 1/4, respectively.

B. The real estate listed in the separate sheet (hereinafter “G site and building”) was owned by the deceased, and the ownership transfer registration under the name of the Defendant was completed on December 6, 2013 on the ground that the said real estate was donated on December 6, 2013 by the Ulsan District Court No. 118697, Dec. 9, 2013.

C. The following real estate was owned by the deceased, and the ownership transfer registration was completed in the name of H on April 4, 2008 by the Ulsan District Court No. 36364, which was received on March 28, 2008.

① Ulsan-gun-gun I, Ulsan-gun, Ulsan-gun. ② 391 square meters prior to J. ③ K 1,154 square meters (hereinafter the same shall apply; ③ the above real estate is referred to as “I, J, and K”)

D. The following real estate was owned by the deceased, and the registration of ownership transfer was completed in the name of the Plaintiff B as of February 21, 1994 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502) by Ulsan District Court No. 10097, Feb. 21, 1994.

(4) Ulsan-gun-gun L 701 square meters in Ulsan-gu, Ulsan-do (hereinafter the above 4, 549 square meters in M. (hereinafter the above 4, 5 real estate is referred to as "L and M")

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

F. At the time of the deceased’s death, the value of G site and building is KRW 206,230,960 (Nuri site KRW 173,168,00, building KRW 33,062,960).

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including, if any, a serial number), the result of the market price appraisal entrusted to the appraiser's office of this court, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The gist of the Plaintiffs’ assertion was that the Plaintiffs infringed the Plaintiffs’ legal reserve of inheritance by donating the G site and building to the Defendant before the Deceased’s birth.

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