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(영문) 수원지방법원 2020.04.21 2019가단555495

유류분반환 청구의 소

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on April 19, 1995 (the Certified Copy of the Certified Copy, April 25, 1995). The bereaved family was the spouse G, H, I, J, K, L, and Defendant C.

On the other hand, H died on June 25, 2018, and as bereaved family members, Defendant D and children, the spouse, were Defendant E.

B. On August 24, 1995, Defendant C completed the registration of transfer of ownership on the ground of testamentary gift on April 25, 1995 with respect to the real estate listed in paragraphs 1 and 2 of the Attached List Nos. 1 and 2, which was owned by the Deceased.

C. H completed the registration of ownership transfer based on testamentary gift on October 5, 1989 with respect to the real estate listed in Paragraph 3 of the Attached List, which was owned by the Deceased on September 2, 1995.

After October 4, 2018, Defendant D completed the registration of ownership transfer on June 25, 2018 with respect to the real estate stated in paragraph 3 of the attached list on October 4, 2018.

H completed the registration of transfer of ownership on January 10, 1991 with respect to the real estate stated in Paragraph 4 of the Attached List No. 4 on January 19, 1991.

Since then, Defendant E completed the registration of transfer of ownership on June 25, 2018 with respect to the real estate stated in paragraph (4) of the attached list on August 6, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (each number is included; hereinafter the same shall apply), the purport of whole pleadings

2. Summary of the parties' arguments

A. The Plaintiffs: (a) bequeathed or donated to Defendant C the real estate listed in [Attachment List Nos. 1 and 2; and (b) the real estate listed in Attached List Nos. 3 to H, respectively.

In addition, on January 10, 191, the deceased purchased the real estate listed in paragraph 4 of the attached list and donated the real estate listed in paragraph 4 of the attached list to H by completing the registration of ownership transfer on the above real estate in H.

In addition, Defendant D and E completed the registration of ownership transfer with regard to the real estate stated in the separate sheet Nos. 3 and 4 as mentioned above.

The deceased died without any other active property.