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(영문) 춘천지방법원 2017.01.17 2016가단335
유류분반환
Text

1. The defendant shall be either the plaintiff (appointed party) and the appointed party from among the real estate listed in attached Forms 1 to 6 of the real estate list.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) married with the network D, and died on January 21, 2015.

B. The deceased E’s heir has M, N, the deceased’s heir P, O, son P, and the deceased’s wife due to the inheritance of the network F, and the deceased’s heir as the wife (hereinafter “Plaintiff”) A, Q, R, and S, who are children, as the wife’s heir of the network I.

C. On May 21, 2008, the Deceased completed the registration of ownership transfer with respect to the portion of 210/1225 out of the real estate listed in [Attachment 1] List of Real Estate, and the registration of ownership transfer with respect to the portion of 210/125 out of each real estate listed in the above list 2 through 8, and completed the registration of ownership transfer with respect to the Defendant on June 26, 2008.

On February 7, 2013, 2013, the Defendant completed the registration of ownership transfer with regard to the above 210/1225 shares among the real estate listed in [Attachment Table 1] Nos. 7 and 8 of the real estate list on February 22, 2013. The co-owners of the real estate listed in paragraph (8) sold all their shares to U around July 25, 2013 and completed the registration of ownership transfer on August 2, 2013. At the time of the death of the deceased, the Defendant completed the registration of ownership transfer on the ground of this. The officially assessed land price of the real estate listed in paragraph (7) at the time of the death of the deceased is KRW 38,00 per square meter.

E. Meanwhile, at the time of the deceased’s death, there was no property and debt against the deceased.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6 (including paper numbers), the purport of the whole pleadings]

2. The parties' assertion

A. As above, the deceased, among the inheritors, donated the entire shares of each of the real estate listed in the annexed Table 1, which is one’s entire property, to the Defendant, thereby infringing on the Plaintiffs’ legal reserve of inheritance as the remaining inheritors.

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