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Reasons
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(영문) 수원지방법원성남지원 2017.08.25 2016가합200213
유류분 반환
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1. On September 15, 2015, Plaintiff A, Defendant C, Defendant D, and E, respectively, KRW 1,974,406, and each of the said amounts.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant C is the spouse of the net F (Death on September 5, 2008) and the Plaintiff was the first spouse of G. However, on July 5, 2017, the Plaintiff voluntarily withdrawn the lawsuit against G when applying for change of the purport of the claim and the cause of the claim. (C), Defendant D (Nam), and Defendant E (Seoul) are children between the above network F and the Defendant C. (C. 2) The network H (Death on April 28, 2010) is a mixed child between the above network F and I. The Plaintiff J is the spouse of the network H, and Plaintiff B is the children of the network H.

3) After the death of the deceased H, Plaintiff B filed a claim against the deceased F (the prosecutor of the Sungwon District Prosecutors’ Office in the Sung-nam District Prosecutors’ Office) to become aware on June 4, 2015, the claim was accepted on June 27, 2015, and became final and conclusive on June 27, 2015. (b) The deceased F’s biological donation and the value of its property 1) the net F, on April 12, 2005 and the same year.

4. On April 25, 2005, the gift was made to Defendant C, D, and E of each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant land”), and the transfer registration of ownership in the name of Defendant C, D, and E was completed for each of the instant land No. 1, 2, and 3 on April 25, 2005 with respect to each of the instant land No. 1/3 on April 13, 2005.

2) The net F is an apartment in attached Table 2 List 1.1. An apartment in attached Table 2 (hereinafter “the apartment in this case”) against Defendant C.

Among them, on July 30, 2007, the ownership transfer registration was completed on July 30, 2007, and on March 24, 2008, the remaining 11/20 shares were donated to Defendant C on March 25, 2008, and the ownership transfer registration was completed in the name of Defendant C on March 25, 2008 with respect to the apartment of this case No. 804 on September 5, 2008, which was the commencement date of inheritance. 3) The value of each of the instant land and the apartment of this case No. 804 on September 5, 2008, as indicated below.

On September 5, 2008, the land of this case No. 58,296,000 is 42,734,000 land of this case No. 3346,700.346,704,000.

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