유류분반환 등 청구의 소
Of the part concerning the conjunctive claim of Plaintiff A in the judgment of the first instance, the following amount exceeds the amount ordered to be paid.
1. The plaintiffs and the defendant are children of the deceased G (hereinafter referred to as "the deceased") and the deceased's interest successors.
The Plaintiffs, at the first instance trial, seek against the Defendant the amount equivalent to the portion of the oil calculated on the premise of the implementation of the registration procedure for the transfer of ownership due to the recovery of real name on the ground that the ownership in the Defendant’s name with respect to Pyeongtaek-si F-si’s No. 1,894 square meters (hereinafter “F-land”) which was owned by the Deceased was null and void, and the registration for the transfer of ownership in the Defendant’s name with respect to F-land is valid.
Even if the plaintiffs argued that the legal reserve of inheritance was infringed, the amount of the infringed oil was claimed.
The first instance court rejected the primary claim of the plaintiffs and partly accepted the preliminary claim.
The scope of the trial of this court is limited to the preliminary claim because only the defendant appealed against this.
2. Basic facts
A. The Deceased married with the deceased H (Death of April 18, 2002) and had his children as deceased I, J, Defendant, Plaintiff A, and K.
The network I married with the plaintiff B and died on January 4, 1997.
B. The deceased owned.
F With respect to F land, the ownership of the Defendant’s name was terminated by transfer, etc. (hereinafter “registration of transfer of ownership”) due to the registration of Suwon District Court’s Eunpyeong Housing Site source and the donation from October 10, 2012 (hereinafter “the donation in this case”) as of October 9, 2012 (hereinafter “registration of transfer of ownership”).
On November 16, 2017, the Deceased died. On November 16, 2017, the J, the Defendant, the Plaintiff, and K respectively, jointly inherited the deceased’s property at the ratio of 2/35 (i.e., 1/5 of the inheritance shares of the deceased I x 3/7), the Plaintiff C, and D 2/35 (i.e., the inheritance shares of the deceased I 1/5 x 2/7).
[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 6, Eul evidence No. 45, the purport of the whole pleadings
3. The parties' assertion
A. The summary of the plaintiffs' assertion is that money and real estate including F land to the defendant before his birth.