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(영문) 대구지방법원 2016.11.11 2015가단125743

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

1. Facts of recognition;

A. E’s death and heir’s death died on March 17, 2010. At the time, the deceased’s heir (i) F, 2, ASEAN’s substitute heir (G was dead on June 20, 192) H, I, J, K, K, C, L, and C, and C, the Plaintiff (the heir’s share 2/17), 4, Defendant B, 5, son, son N, 7, Defendant D, and 8, son.

B. 1) At the time of the deceased’s death, real estate No. 4 as indicated in the attached list is active property at the time of the deceased’s death. At the time of the commencement of the inheritance, the value of the above real estate is KRW 21 million. 2) At the time of the deceased’s death, no small

C. The deceased’s real estate donation details against the Defendants of the deceased’s real estate donation against the Defendants are as follows:

At the time of donation, each of the following donated real estate (hereinafter referred to as "the instant real estate") was not liable for the establishment of a mortgage, lease on a deposit basis, lease on a deposit basis, or lease.

On December 28, 2007, the date of inheritance registration (the date of donation) of the real estate No. 1 stated in the attached list No. 1 of the donee at the time of commencement of inheritance (the date of donation) the amount of KRW 5 million stated in the attached list No. 2 of the defendant B ( February 1, 1994, KRW 6,500,000,000 won ( March 23, 2009) stated in the attached list No. 3 real estate No. 3 of the defendant C3 as stated in the attached list No. 3 of the defendant C3 of February 1, 2007, KRW 37,100,000 won (the date of donation) 3,710,000 won (the fact that there is no ground for recognition, Gap evidence No. 1 and 2, Gap evidence No. 3-1 through 3, and evidence No. 4-1 through 4-4, the purport of the whole pleadings,

2. The parties' assertion

A. Since legal reserve of inheritance was infringed upon by the Plaintiff’s birth donation to the Defendant by the Plaintiff’s claimant’s Defendant, the Defendants are liable to return originals, such as the Plaintiff’s claim, due to the shortage of legal reserve of inheritance.

B. The Defendants asserted that the Plaintiff died on March 17, 2010, and the Plaintiff had already known that each of the real estate listed in the separate sheet was donated to the Defendants before the death of the Deceased, but filed the instant lawsuit one year after the death of the Deceased.