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(영문) 서울고등법원 2020.05.26 2019나2046153
유류분반환
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. Status 1) The Plaintiff, the Defendant, and C are the network E (hereinafter “the network”).

2) The deceased died on April 23, 2018, and the Plaintiff, the Defendant, and C were co-inheritors of the deceased.

(b) Inheritance commenced due to the death of the deceased (hereinafter referred to as "the inheritance of this case").

The transfer and reconstruction of the ownership of the G apartment of this case 1) The G apartment H on the ground and one parcel outside the Yongsan-gu Seoul Metropolitan Government (hereinafter “instant G apartment”) is the G apartment of this case.

(2) The G apartment was originally owned by the deceased, and the transfer registration for ownership was completed on November 17, 2008 due to the division made on May 13, 2008, in the name of the deceased on November 17, 2008. (2) The transfer registration for ownership was completed on October 20, 2011 for the G apartment of this case thereafter on December 8, 2011.

3) As the instant G apartment completed a housing reconstruction project under the Act on the Improvement of Urban and Main Environments, Yongsan-gu Seoul Yongsan-gu J apartment K (hereinafter “instant J apartment”) on January 28, 2016.

) On January 28, 2016, the registration of ownership preservation on the instant G apartment was completed in the name of the Defendant, and the ownership registration on the instant G apartment was transferred to the J apartment. (c) The deceased’s testamentary gift against the Defendant was transferred to the J apartment of this case. (1) No. 70 of the 2016, Apr. 6, 2016, No. 11,107 square meters (hereinafter “the instant solar forest”) on April 6, 2016, which was around two years before the deceased’s death.

2) A specified money trust (ESP, account number: Q and the above account; Q and the above account; hereinafter referred to as “ Q and the above account”).

③O specified money trusts (ESR, account number: S and the above account; hereinafter referred to as “S account”).

(4) V apartment U located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant V apartment”).

The lease deposit return claim 310,00,000 won and above 2,3) are subsequently linked or modified from the deposit referred to in paragraph 3.

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