beta
(영문) 창원지방법원진주지원 2019.01.10 2018가단31039

유류분반환청구

Text

1. On February 21, 2018, the Defendant returned the Plaintiff’s share of 1/10 of the attached list 1 attached hereto to the Plaintiff.

Reasons

1. Facts of recognition;

(a) C has married with D and placed E, F, G, and Defendant as children under the chain;

B. H was married with I on May 2, 1943.

C. On May 7, 1959, the Plaintiff was born between H and C, and was registered in the family register as H and I’s children.

C on April 17, 2003, the Defendant donated the land No. 1 in the annexed list No. 1 to the Defendant, and the Defendant completed the registration of ownership transfer on April 21, 2003.

E. C died on March 7, 2017, and at the time of death, C did not have positive property and obligation.

F. On May 30, 2018, this Court rendered a judgment confirming the existence of paternity between the Plaintiff and C (2018dern group 10323), and the above judgment became final and conclusive as it is.

[Reasons for Recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 4-1, Gap's evidence 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, land Nos. 1 in the separate sheet shall be the only property that serves as the basis for calculating the legal reserve of inheritance. Thus, barring any special circumstance, the defendant is obligated to implement the registration procedure for transfer of ownership based on the return of legal reserve of inheritance on February 21, 2018, which is a duplicate of the complaint of this case, with respect to 1/10 shares (i.e., the Plaintiff’s legal reserve of inheritance 1/5 x 1/2) in the annexed sheet No. 1 land

Furthermore, the Plaintiff asserts that the attached list Nos. 2-6 should also be included in the property, which is the basis for calculating the legal reserve of inheritance. However, it is difficult to view that C donated the attached list Nos. 2-6 to the Defendant solely on the basis of each statement in the attached list Nos. 4, 6-11 (including the number of branches). Thus, the Plaintiff’s assertion on this part is without merit.

B. As to this, the Defendant’s attached list 1 land was prepared by the government as the land of the attached list D was sub-written by the government, and the Defendant contributed to C’s cultivation of orchard and the maintenance and management of the above land, and the Defendant actually plays a role in the south of Korea.