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(영문) 서울중앙지방법원 2018.07.19 2016가단5252037

유류분반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E was married with F, and under the same chain, Ga, South Korea, and son, and G had married with Defendant C and his son H, who was married with Defendant B, and the Plaintiff was married with I on July 20, 1987, and then Canadian as Canadian in around 1994.

B. On July 18, 2007, E donated 1/3 equity shares to G and the Defendants each of the 1/3 equity shares, and completed the registration of ownership transfer on July 23, 2007, G and the Defendants’ respective 1/3 equity shares.

(hereinafter referred to as “instant donation”) C.

G died on December 201, and Defendant B completed the registration of ownership transfer on March 14, 2012 with respect to one-third share of G out of the instant real estate due to a consultation division.

E (hereinafter “the deceased”) died on January 28, 2016. At the time, the heir was the wife F, the Plaintiff, and G, who were the wife, and the Defendants and H were the wife of the Plaintiff, the wife, and the heir, but the Plaintiff’s inheritance ratio is 2/7.

[Recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion G infringed the Plaintiff’s legal reserve of inheritance by receiving 1/3 shares out of the instant real estate from the deceased and completing the registration of ownership transfer. As such, Defendant G’s heir is obligated to perform the Plaintiff’s legal reserve of inheritance with respect to 1/21 (1/3 shares out of the instant real estate x 2/7 of the Plaintiff’s legal reserve of inheritance x 1/2 of the Plaintiff’s legal reserve of inheritance x 1/2) shares out of the instant real estate

In addition, the Defendants knew that the deceased and the Defendants would incur damages to the Plaintiff even if they did not receive the gift of this case from the deceased before G dies and completed the registration of ownership transfer, and that the gift of this case was not received from the co-inheritors.