beta
(영문) 의정부지방법원고양지원 2016.08.12 2015가단79679

유류분반환청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) was married with G to and under the chain, and was divorced from G on June 3, 2005, and the Defendant and the Defendant resumed on July 27, 2007.

B. On October 4, 2013, the Deceased owned “The apartment house Nos. 1103, 104, H No. 11, 1103 (hereinafter “the apartment house”). The Deceased completed the registration of ownership transfer to the Defendant on September 26, 2013 on the ground of the donation made by the Defendant on September 26, 2013.

C. The Deceased owned “1,233 square meters prior to the date of the instant land” (hereinafter “the instant land”). In divorce with G, the remaining portion was 2/3 shares of the said land, but the ownership transfer registration for the entire instant land was completed on October 4, 2013 on the ground of donation made by the Defendant on September 26, 2013, under the name of the Deceased.

The Deceased owned the “road E-Road 119 square meters” (hereinafter “instant road”) at the time of divorce with G, and the remaining portion actually remains under the agreement to transfer one-third shares of G was 2/3 shares of the said road. However, on October 4, 2013, the Deceased completed the registration of ownership transfer for all of the instant road on the ground of donation made on September 26, 2013, when it was formally registered in the name of the Deceased.

E. The Deceased died around October 2013.

【Ground for Recognition: Facts without dispute, Gap's 1, 2, 3, 6 evidence, Eul's 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The defendant must return to the plaintiffs, who are co-inheritors with the deceased, the part corresponding to 1/9 of each of the property, which is the basis of calculating the legal reserve of inheritance.

The property, which is the basis for calculating the legal reserve of inheritance, is 180,160,060 won remaining after deducting the secured or repaid part from the respective market values of the apartment of this case and the land. The road of this case is the property that serves as the basis for calculating the legal reserve of inheritance.

Therefore, the defendant.