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(영문) 수원지방법원 2020.11.10 2018나82496

유류분반환청구

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The judgment of the first instance shall be revoked.

All of the plaintiffs' claims are dismissed.

All costs of a lawsuit shall be borne by each party.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on June 1, 2008, and the plaintiffs, who are his wife F and his children, and the defendants, G, H, and I inherited their properties.

B. The Deceased completed the registration of transfer of ownership with respect to each land listed in the attached Table 1 list (hereinafter “attached Table 1”) to the Defendant before his birth, as shown in the attached Table 3.

C. At the time of the deceased’s death, each land listed in the separate sheet No. 2 (hereinafter “Attachment No. 2”) and the deceased acquired by prescription upon the completion of the statute of limitations for acquisition of possession (hereinafter “instant J land”). D.

On the other hand, the registration of transfer of ownership in the name of the defendant was completed on September 8, 2008 due to the inheritance by consultation or division on September 8, 2008.

E. On June 23, 2015, the Plaintiffs and the inheritors, including the Defendant, filed a lawsuit against Suwon District Court seeking ownership transfer registration against K, which is the title holder of the instant J land. On June 23, 2015, the said court rendered a judgment that “K will implement the procedure for ownership transfer registration on the ground of the completion of the prescriptive acquisition on February 23, 2006, with respect to each share of the heir’s inheritance shares among the instant J land, on the grounds of the completion of the prescriptive acquisition on February 23, 2006, and the said judgment became final and conclusive on June 15, 2016, after the appellate court rendered a judgment dismissing the appeal on May 25, 2016.

(hereinafter referred to as “instant lawsuit for the registration of ownership transfer”). 【No dispute exists concerning the instant lawsuit for the registration of ownership transfer (based on recognition), Gap’s evidence Nos. 1 through 8, 13, 14, 24, Eul’s evidence Nos. 1 and 6 (including each number), the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiffs asserted that the deceased donated each of the above lands to the Defendant only after the instant lawsuit for ownership transfer registration became final and conclusive on September 14, 2016.