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(영문) 인천지방법원 2017.09.14 2016가단19953

유류분반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. As to the cause of claim

A. The facts of recognition 1) The network C and the network D are legally married couples, and E, the Defendant, F, G, H, and the Plaintiff were children of the Slish. 2) The network C acquired ownership on April 20, 1976 on the land of Bupyeong-gu Incheon, Bupyeong-gu I on April 20, 1976, and registered ownership preservation around 1985, and around 2001.

Around that time, the Defendant had been living there together with the network D (hereinafter referred to as the “instant real estate”), and the Defendant, South Korea, also supported the said real estate by living together with the network D.

3) On February 22, 2002, the network C donated the instant real estate, the sole property of the Defendant, and completed the registration of ownership transfer for reasons of the said donation on February 26, 2002, and thereafter, C sent a female life in the instant real estate with the network D, and C died on November 21, 2010, respectively. On the other hand, on January 5, 2016, the Defendant sold the instant real estate to J and K for KRW 840,000,000, and on February 25, 2016, the registration of ownership transfer was completed on February 25, 2016.

[Grounds for recognition] Class A, Nos. 1, 2, 4, Eul's evidence No. 1, and the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff KRW 56,00,000 (price 840,000,000 of donated property x 2/15 of the Plaintiff’s inheritance shares x 1/2 of the legal reserve of inheritance x 1/2) and delay damages.

2. As to the defendant's argument

A. In around 2001, the Plaintiff asserted that he would donate the instant real estate to the Defendant, a South-North Korea, at the family conference, from the deceased, and on May 6, 2006, after the death of C, the Plaintiff filed the instant lawsuit after about nine years and nine months.

Therefore, the plaintiff's right to claim the return of legal reserve of inheritance expired by the completion of short-term prescription under Article 1117 of the Civil Code

(b) The death village of the original defendant 1, the birth village of the original defendant, is 'the net C.

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