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(영문) 서울남부지방법원 2016.05.26 2015가단223767

유류분 청구의 소

Text

1. As to shares of 1/24 of the real estate listed in the separate sheet:

A. Defendant C and D are to Plaintiff A on November 24, 2015.

Reasons

1. Basic facts

A. G died on August 19, 2006, as wife H H.

The Defendant C’s wife, Defendant E, and F are children of Defendant C.

B. G shared 1/2 shares in the attached list I and 1/2, but Defendant C and D shared 1/2 shares in the attached list, the Seoul Western District Court (Seoul Western District Court No. 6363, Dec. 29, 2014; 6363, Dec. 16, 2014) completed the registration procedure for ownership transfer on the ground of donation.

C. G completed the registration procedure for ownership transfer on June 4, 2009, No. 23469, which was received on June 16, 2009, with respect to the 2 real estate listed in the separate sheet to Defendant D, E, and F. D.

Meanwhile, the 3 real estate listed in the attached list was owned by H, and H completed the registration procedure for transfer of ownership on January 18, 2006, No. 2187, which was received on January 19, 2006, against the defendant C.

E. On April 13, 2015, G died (hereinafter “the deceased”), and his/her children jointly inherited the deceased’s property. The Seoul Family Court did not have any particular positive or negative property at the time, except the motor vehicles currently disputed in the case on the division of inherited property No. 2016-Ma1040.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. The allegations and judgment of the parties

A. The ratio of the plaintiffs' legal reserve of inheritance against 1/12 is 1/12, respectively. Accordingly, the defendant C and D respectively are liable to each of the plaintiffs on November 24, 2015, which is the date of the last delivery of the copy of the complaint of this case with the plaintiffs' declaration of claim for the return of legal reserve of inheritance of this case, and each of 1/24 shares among 1/24 shares among 1 real estate listed in the separate sheet is due to the return of legal reserve of inheritance of this case. 2) The defendant C and D are liable to perform the procedure. The deceased are recorded in the separate sheet.