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(영문) 창원지방법원통영지원 2016.11.02 2014가단6601
유류분반환
Text

1. Defendant B, among the real estate listed in paragraphs 1 through 8 of the Schedule of Real Estate in Attached Table 1, shall be the Plaintiff, respectively, and Defendant B, shall be the same as that of the real estate listed in Attached Table 1.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on July 22, 2013. The deceased’s heir had Defendant B (legally inherited portion 3/9), the deceased’s spouse, the Plaintiff, Defendant C, and Nonparty E (legally inherited portion 2/9).

B. On July 14, 2011, the Deceased owned each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate,” and, if necessary, according to the sequence No. 1 in the separate sheet). On July 14, 201, the Deceased donated the instant 15 real estate to Defendant C (106,605,080 won at the time of the deceased’s death), and the Defendant C completed the registration of ownership transfer for the said 15 real estate on the same day.

C. On June 4, 2013, the Deceased prepared a testamentary document on the purport that he/she testamentary gift of the instant 1 through 8 real estate (total amount of KRW 3,427,943,960 at the time of the deceased’s death) to Defendant B, and accordingly, the Defendant B completed the registration of ownership transfer on the said 1 through 8 real estate on the ground of testamentary gift on August 26, 2013, which was after the deceased’s death.

(B) As to the real estate of this case 1, 4, and 5 from the time of the transfer of ownership to the present day, the secured obligation of the debtor, the deceased, and the creditor's new agricultural cooperative is partially established, but the secured obligation of the above secured right and superficies remains at KRW 9,680,00,000 as follows.

Unless the Defendants were given gift and testamentary gift property, the Deceased had positive property of KRW 338,450,110; KRW 57,239,629; KRW 57,629; KRW 15,625; KRW 1,813,455; and KRW 9,680,000 for new agricultural cooperatives, as inheritance obligations.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 13, Eul evidence 4 through 8, each of the appraisal commission against appraiser F of this court, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Deceased is the sum of 1 to 8 real estate of this case to Defendant B.

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