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(영문) 서울서부지방법원 2020.02.05 2019가단203999

유류분반환청구의 소

Text

1. The defendant among the 3/11 shares in each real estate listed in the separate sheet, the 3/88 shares in the plaintiff A and B, and the 1/88 shares in the plaintiff C, respectively.

Reasons

1. Basic facts

A. H married with I on May 2, 1963, 4 children, including Plaintiff A, J, Plaintiff B, and Defendant.

B. On January 29, 1993, J had three children, such as Plaintiff D, E, and F, married with Plaintiff C.

(hereinafter “Plaintiff C, D, E, and F” (hereinafter “Plaintiff C, etc.”). The J and Plaintiff C purchased the Seodaemun-gu Seoul Metropolitan Government K Apartment L L, and completed the joint registration on October 6, 2004, and on January 2, 2006, the provisional registration was completed in the name of I and the Defendant (hereinafter “instant provisional registration”).

J died on January 15, 2018.

C. On August 27, 2018, H’s death and on the part of H, the registration of co-ownership of the shares in I 3/11 shares, Plaintiff A, B, Defendant 2/11 shares, Plaintiff C6/99 shares, Plaintiff D, E, and F 4/99 shares was completed due to inheritance.

After I died on January 1, 2019, the shares of I in each of the instant real estates were transferred to the defendant on the ground of testamentary gift.

(hereinafter “instant legacy”). E.

Plaintiff

C et al. filed the instant lawsuit against the Plaintiff A, B, and the Defendant, and received a favorable judgment by filing a lawsuit seeking the cancellation of the provisional registration of this case (Seoul Western District Court 2019da205308, hereinafter “related lawsuit”), and the said judgment became final and conclusive as it is.

In the above-related litigation, the Defendant asserted that the instant apartment was registered in the name of I and the Defendant in preparation for the time when the title trust relationship was terminated after H purchased in the name of J and Plaintiff C as the father father of H.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion: The plaintiffs, who are the remaining co-inheritors of I, have a shortage of legal reserve of inheritance equivalent to 1/2 of each legal reserve of inheritance because I bequeathed the shares of each of the instant real estate, the sole inherited property of which is the defendant, so the defendant shall return the above shares to the plaintiffs as legal reserve of inheritance.