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(영문) 서울중앙지방법원 2017.01.11 2015가합574145
유류분반환청구의 소
Text

1. Defendant B’s KRW 119,744,646 as well as 5% per annum from November 29, 2014 to December 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The relevant plaintiffs, the Defendants, and D are children between E (hereinafter “the deceased”) and F.

E died on November 29, 2014.

B. At around 1976, G Real Estate Deceased acquired the ownership of G land and buildings in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant G land and buildings”) and combined land and buildings (hereinafter “instant G real estate”). On March 28, 2005, Defendant B completed the registration of ownership transfer on the instant G real estate due to donation.

C. On June 13, 198, the Deceased Land: (a) on June 13, 198, the deceased acquired the ownership of 3300/79026 square meters of H 79026 square meters of land in Jung-gu Daejeon (hereinafter “instant Daejeon”); and (b) on February 18, 2005, the registration of ownership transfer was completed to Defendant C on the ground of donation.

I Operation 1) From April 10, 1989, the deceased operated an I restaurant in Gangnam-gu Seoul High Court on December 31, 1989, and closed his business as a business assistant on December 31, 1989. (2) After the defendant C opened I at the same place on November 7, 1991, and closed his business on November 2, 199, and operated on June 1, 200 again until July 31, 2007.

E. On April 12, 1988 with respect to the land in Seosan City, K and L (hereinafter “Ssan land”), the registration of ownership transfer in the name of Defendant B was made on June 2, 1997, and the registration of ownership transfer in the name of M was made on June 2, 1997. ② The registration of ownership transfer in the name of N on April 12, 198, the registration of ownership transfer in the name of Defendant C on May 3, 1996, and the registration of ownership transfer in the name of M on June 2, 1997, respectively.

F. On July 28, 1997, the defendant C acquired the ownership of the Gangnam-gu Seoul Metropolitan Government O apartment 105 Dong 701 (hereinafter "O apartment of this case")

G. At the time of the deceased’s death, there was no active and passive property.

[Ground of recognition] Unsatisfy, and each number of Gap evidence Nos. 1 through 4 is available.

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