beta
(영문) 전주지방법원군산지원 2015.02.05 2013가단12766

유류분반환

Text

1. The defendant shall pay to the plaintiff 1/7 shares of each of the real estate listed in paragraphs 6 and 8 of the attached list.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on September 10, 2013. At the time of death, the deceased’s heir, who is the spouse, and the Plaintiff and Nonparty D, who is the spouse, are the deceased’s children.

B. At the time of the deceased’s death, there was no inherited property and inheritance liability against the deceased.

C. During the marriage period with the deceased, the Defendant acquired the ownership of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the real estate listed in paragraph (6) of the separate sheet among the instant real estate is the real estate donated from each deceased on March 29, 2012 and January 8, 2008 (hereinafter “the real estate listed in the separate sheet”) by aggregating the real estate listed in Paragraph (6) and Paragraph (8).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion did not have any import as a family principal agent within the marital life with the deceased. The deceased purchased real estate before his birth or constructed a building in the name of the defendant due to the financial institution's debts. Each of the real estate owned by the defendant is all donated by the deceased to the defendant.

Therefore, since the gift of each real estate of this case has a shortage of legal reserve of inheritance due to the plaintiff's donation, the defendant is obligated to return 1/7 shares of the plaintiff's legal reserve of inheritance among the real estate of this case donated to the plaintiff.

3. Determination

A. On October 26, 2010, the Defendant rendered a judgment on the previous defense on the merits: (a) was diagnosed by the Plaintiff as to the detailed uncertainty accompanied by the bareboat injury, brain damage, cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon, which has two open situations; (b) the Plaintiff was diagnosed as having been in a state of having a difficulty in communicating with the brupt le, recognition disorder, and dive scopic scopic scopher.