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(영문) 서울서부지방법원 2020.02.05 2019가합33067
유류분반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The relevant Plaintiffs, D, E, and the Defendant are children of the deceased deceased on June 23, 2010 (hereinafter “the deceased”).

B. 1) On September 26, 2006, the Deceased’s Real Estate indicated in the attached list owned by the Deceased (hereinafter “instant Real Estate”) to the Defendant on September 26, 2006.

(2) On September 24, 2016, the Defendant completed the registration of ownership transfer on the ground of donation on September 7, 2006. 2) On June 24, 2016, the registration of ownership transfer on the instant real estate was completed on May 24, 2016 to the CHousing Reconstruction and Improvement Project Association, and the instant real estate was removed on September 6, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 4, the purport of whole pleadings

2. The parties' assertion

A. The Defendant donated the instant real estate, which was the only property of the Deceased, from the Deceased, and infringed the Plaintiff’s legal reserve of inheritance as a co-inheritors.

Therefore, with respect to the real estate in this case, the Defendant is obligated to transfer to the Plaintiff one house or welfare facilities to be reverted to the Defendant due to the completion of trust work between the Defendant and CHousing Reconstruction Project Association, and one-eight shares equivalent to the Plaintiff’s legal reserve of inheritance from the date on which the trust period expires, and to notify CHousing Reconstruction Project Association of the purport that the above shares will be transferred to the Plaintiff at the end of the trust period. In addition, the Plaintiff is obligated to return to the Plaintiff the money equivalent to the Plaintiff’s legal reserve of inheritance (the Plaintiff is a partial claim, and damages for delay thereof) from the value that includes the market value or development profit of the real estate in this

B. On June 23, 2010, the Plaintiff, who is the co-inheritors of Defendant 1 deceased, agreed on the division of inherited property with the content that the Defendant owned the instant real estate as a funeral ceremony of the Deceased on June 23, 2010, etc., when the Plaintiff donated the instant real estate to the Defendant.

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