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(영문) 창원지방법원 2013.05.21 2011나11829
유류분반환
Text

1. Preliminary claims and in the trial for each real estate listed in separate sheet Nos. 1 and 2 added at the trial.

Reasons

1. Basic facts

A. On April 26, 1968, E and F had the legal husband and wife who completed a marriage report, and Defendant C, who is his or her father, Defendant B, and son, who is his or her father and wife.

B. E and F completed the report of divorce on August 30, 201, and E died on March 11, 2009.

C. On the other hand, on July 28, 2005, E donated 1/2 shares of each of the real estates listed in the separate sheet owned by it (hereinafter “each of the instant real estates,” and according to the sequences thereof, to the Defendants (hereinafter “the instant gift”). Of each of the instant real estates, the registration of the Jinwon District Court Jinju Branch Branch Branch of the Changwon District Court and the registration of the transfer of shares in the Defendants’ name was completed on the grounds of the gift made on July 27, 2005 as the gift from July 27, 2005.

(hereinafter referred to as “instant transfer registration”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 3 through 6 (including branch numbers, if any; hereinafter the same shall apply)

2. Judgment as to the primary claim against the first and second real estate

A. The Plaintiff’s assertion E and F entered into a contract of donation on August 30, 201 with respect to the real estate Nos. 1 and 2 for a third party with the Plaintiff’s beneficiary, and the Plaintiff, a beneficiary, filed a lawsuit against the Defendants who inherited 1/3 shares among the real estate Nos. 1 and 2 in accordance with the statutory shares in inheritance, thereby expressing his/her intent to make profits.

In addition, E’s donation of the first and second real estate to the Defendants constitutes an act of breach of trust in light of its circumstances, and it is reasonable to view that the Defendants actively participated in the act of breach of trust. Therefore, the above donation contract between E and the Defendants is null and void.

Therefore, the Defendants are obligated to implement the procedure for registration of cancellation of each ownership transfer on one-half portion of the real estate 1/2 and to implement the procedure for registration of cancellation of each ownership transfer on August 30, 201 with respect to one-third portion of the real estate 1 and 2.

B. Determination 1 B.

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