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(영문) 수원지방법원여주지원 2019.07.10 2018가합5668
유류분 반환 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Facts of recognition

The status of the parties and inheritance-related net F (hereinafter “the deceased”) died on December 15, 2010. The deceased’s heir is the Plaintiff A, B, C, D, and Defendant, and the deceased’s wife (the deceased’s heir on November 29, 2017 during the instant lawsuit) is the deceased’s wife.

As the deceased died, the plaintiffs (2/11 shares in inheritance), the defendant (2/11 shares in inheritance), and the deceased G (3/11 shares in inheritance) were co-inheritors.

On December 17, 1991, the deceased’s donation to the defendant and the deceased’s testamentary gift made a registration of the transfer of ownership on the ground of donation on the 14th of the same month as to each real estate listed in [Attachment 1-9] that he owns to the defendant.

In addition, on January 3, 2006, the Deceased prepared a notarial deed stating that a notary public shall testamentary gift to the Defendant of each real estate listed in [Attachment List No. 10-12] No. 8 of the H deed No. 2006.

On July 2, 2013, the Defendant completed the registration of ownership transfer on each real estate listed in the separate sheet No. 10-12.

On March 16, 1999, the deceased’s donation to the Plaintiff C and D donated 1/2 of the real estate listed in [Attachment List Nos. 13 and 14 to the Plaintiff C.

The Deceased, on July 3, 2006, on each land listed in attached Tables 15 and 16 to Plaintiff D on July 3, 2006

6. 28. The registration of ownership transfer was completed on the ground of donation.

[Reasons for Recognition] A, Nos. 1, 4, 5, Eul evidence Nos. 1 through 3, and 10 (including additional numbers), and the purport of the entire argument of the parties concerned at the time of the death of the deceased, the plaintiffs can inherit their respective shares of 2/11 according to their respective shares of inheritance in court at the time of the death of the deceased.

However, the deceased donated the real estate and cash of KRW 96 million as stated in [Attachment 1-12] List to the Defendant, thereby infringing the Plaintiffs’ legal reserve of inheritance.

Therefore, the defendant is obligated to return the legal reserve of inheritance infringed upon by the above donation and testamentary gift to the plaintiffs as stated in the purport of the claim.

The plaintiffs' assertion.

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