beta
(영문) 대전지방법원 서산지원 2018.07.18 2016가단52519

유류분반환청구

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On June 14, 2015, G of the basic facts: (a) died on the part of June 14, 2015, and (b) Plaintiff A, D, Defendant E, F, and Nonparty H and I inherited (Inheritance shares, 1/7); (c) G’s children, who died on August 21, 1989; and (d) Plaintiff C, and Nonparty C and Nonparty K inherited by representation (Inheritance shares, 3/49, c2/49) do not conflict between the parties.

2. The plaintiffs' assertion and judgment

A. The plaintiffs asserts to the following purport.

① On May 27, 2005, Defendant E donated the sum of KRW 10 million with the marriage funds of Plaintiff C and Nonparty K on April 7, 2015, as indicated in the separate sheet (hereinafter “instant one real estate”); on April 22, 1995, the two real estate listed in the separate sheet (hereinafter “instant two real estate”); and on May 7, 2015, Defendant E donated KRW 10 million with the marriage funds of Plaintiff C and Nonparty K.

② Defendant F was donated on April 21, 1995 the real estate listed in the separate sheet No. 3 through 6 (hereinafter “instant 3 through 6 real estate”) from the G G.

③ As such, due to the Defendants’ donation from the deceased G, there was a shortage of legal reserve of inheritance among the co-inheritors of the deceased G.

Therefore, the Defendants are obligated to return shortage to the Plaintiffs, such as the entries in the claims.

B. Therefore, we first examine whether the Defendants received donations from the network G from the Plaintiffs.

(1) As to the instant real estate 1, the Plaintiffs asserted that the registration of the instant real estate 1 was indicated in the appraisal report, and that Defendant E was donated the instant real estate from Defendant E’s net G.

In addition to the purport of the entire pleadings as a result of the appraisal commission of appraiser L, Gap evidence Nos. 5, 11, Eul evidence Nos. 9, 10, 11, and 12 (including paper numbers) and the overall purport of pleadings as to the appraisal commission of appraiser L, the building on the registry of the real estate of this case on the registry of the real estate of this case can be recognized that the registration of ownership transfer has been completed on May 27, 2005 in the future of the network G, but the registration of ownership transfer has been completed on the ground of the gift of May 25, 2005 on the same day, the real estate of this case 1.