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(영문) 대구지방법원 2018.11.16 2017가단129558

유류분반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The deceased E (hereinafter referred to as “the deceased”) died on February 25, 2017, and there was co-inheritors, who are his wife F, the Plaintiff, and the deceased’s children G, his wife H, his children, and Defendant B, who are the deceased’s children heir.

Defendant C is the wife of Defendant B, and Defendant D is the child of Defendant B and C.

On December 26, 2017, after the death of the deceased, with respect to shares in the name of the plaintiff, in relation to the name of H, in the name of H, in respect of shares in the name of H, 6/49 shares, in respect of shares in the name of H, in respect of shares in the name of H, in respect of shares in the name of H, 6/49 shares, in respect of shares in the name of H, in respect of shares in the name of H, 4/49 shares, in the name of the defendant B, and each transfer registration in the name of the defendant B was caused by inheritance on February 25, 2017.

On the other hand, money and real estate transactions made before the deceased died are as follows.

Before the Deceased’s birth, the Deceased paid to the Plaintiff KRW 50,00,000 in total, KRW 30,000 on March 7, 2016, KRW 532 million on November 20, 2016, KRW 20,000 on KRW 3 million on November 3, 2009, KRW 4.5 million on February 16, 2010, KRW 29.5 million on November 24, 2010, respectively.

On February 16, 2016, among the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “the real estate No. 1 of this case”) owned by the deceased, the registration of ownership transfer in the name of the defendant B with respect to the third/5 shares in the name of the defendant B, and the second/5 shares in the name of the defendant C was completed on February 12, 2016, and the registration of ownership transfer in the name of the defendant C with respect to the real estate listed in paragraph (2) of the attached Table No. 2 of the deceased (hereinafter “the real estate No. 2 of this case”) was completed on February 12, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, and the purport of the entire argument as a whole, the defendants asserted the purport of the argument as to the purport of the whole. As co-inheritors or lineal descendants of the deceased, they infringed the plaintiff's legal reserve of inheritance as other co-inheritors by receiving the real estate No. 1, 2