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(영문) 대전지방법원 2017.11.16 2016가합2097

유류분반환

Text

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

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

Reasons

On January 6, 2015, the deceased (hereinafter “the deceased”) died on the premise that the deceased died, and the heir had wife F, the Plaintiffs, Defendant C, and G (the first Plaintiffs were filed together with the Defendant, and the lawsuit was withdrawn during the lawsuit) and deceased’s H (the spouse’s death, marriage, and inheritance on November 30, 2008) I, J and K, who are children, and there were 1/2 shares among the real property listed in attached Table 13 as the inherited property at the time of the deceased’s death.

(Attachment List No. 14 is destroyed). Defendant C received each real estate listed in [Attachment List No. 1, 2, 7, 8, and 9] from the Deceased around May 20, 1995, and G received each real estate listed in [Attachment List No. 3, 4, 5, and 6] from the Deceased around May 20, 1995.

Attached Form

The market price at the time of death of the deceased of 1/2 of the real estate listed in paragraphs 1 through 9 of the list and the real estate listed in paragraph 13 of the same list shall be as shown in the attached Table.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 (including paper numbers, hereinafter the same shall apply), and appraiser L's market appraisal result, the gist of the plaintiffs' argument in the whole purport of the argument is as follows: "The deceased donated each real estate listed in Nos. 1, 2, 7, 8, and 9 of the attached Table Nos. 1, 7, 8, and 9 to the defendant who was the head before the birth, and the real estate listed in No. 10 and 11 of the attached Table No. 10 were purchased in the name of the defendant C, and transferred the real estate listed in No. 12 to the defendant D (the wife of the defendant C) by completing the registration of ownership transfer in the name of the defendant D (the plaintiff's wife), and the plaintiff donated the real estate to the defendant D by completing the registration of ownership transfer in the name of the defendant D (the plaintiff's each gift was infringed, thus the defendants must return it."