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(영문) 서울서부지방법원 2016.12.02 2015나37775
유류분 반환 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. The plaintiffs asserted that the plaintiffs: (a) donated real estate to the J, known to the defendant before the death of the deceased; (b) when the real estate held by the deceased was expropriated in the SAP, they donated compensation to the J or the defendant; and (c) on August 29, 2006, withdrawn KRW 358,864,719 from the deceased's sadrid Bank account from the deceased's sadrid Bank account; and (d) on the same day, deposited KRW 8,500,000 into the defendant's save community credit cooperatives account; and (c) on July 3, 2012, donated each of the above money to the defendant, such as transfer of KRW 9,00,000,000, from the deceased's Nonghyup Bank account to the defendant, the defendant asserts that the above property donated by the deceased should be counted as the basic property in calculating the

B. Determination 1) First of all, as to whether the deceased’s donation of real estate to J before his birth can be seen as a donation to the defendant, the circumstance that the defendant is responsible for the operation of the inspection after obtaining the right to manage and dispose of the temple property as the recognition of J as above. However, according to the evidence Nos. 8 through 20, the court is a non-profit religious organization established by S, the deceased’s father in the early 1950s, and registered its inspection on the Korean Buddhist Cho Jong-tae on June 4, 1974, but registered its inspection on February 24, 1978, and registered its name on the Korean Buddhist S, the fact that the deceased was appointed by the defendant as the chief of the deceased on the same day, and the J has its articles of incorporation on the operation of the organizations or property, such as the Do Council, the Steering Committee, and has been established every year under the Special Act, such as Do Council, Do Council, No. 200, Do Council, 2000.

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