logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.10 2017가단547469
유류분반환청구의 소
Text

1. Defendant H:

A. (1) Of the real estate 1/2 shares listed in the [Attachment A] List 4,585,416/54,89,00 shares to Plaintiff A.

Reasons

1. Facts of recognition;

A. On June 23, 2015, the deceased J (1)’s status as a party and inheritance relationship (hereinafter “the deceased”) died after having left Plaintiff C, Defendant H, Plaintiff H, D, Nonparty D, Plaintiff E, Plaintiff F, and Plaintiff G, who are his/her spouse under the law, as his/her heir.

(2) Defendant I is the legal spouse of Defendant H.

B. The provisional registration and gift of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). The real estate of this case was owned by the deceased as the result of the lawsuit (1) and the provisional registration and gift of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Among them, the ownership transfer registration was completed in the name of the Defendants on June 16, 2005 with respect to each of the instant real estate under the name of the Daejeon District Court of Daejeon on the ground of the pre-sale agreement on June 16, 2005, under the receipt of No. 26065, Jun. 16, 2005, the provisional registration of the right to claim for ownership transfer registration was completed. The ownership transfer registration was completed in the name of the Defendants on January 18, 2010, which was received on January 12, 2010 under the name of the Daejeon District Court of Daejeon on the ground of donation as of January 18, 2010.

(2) On June 2, 2015, the Deceased asserted that the foregoing provisional registration and ownership transfer registration are null and void, and filed a lawsuit against the Defendants seeking the cancellation of ownership registration with the Suwon District Court 2015dan118478.

The Plaintiffs received the deceased’s lawsuit on June 23, 2015, following the deceased’s death on June 23, 2015. On January 28, 2016, when the said lawsuit was pending, submitted an application for modification of the purport of the claim and the cause of the claim to add the claim for ownership transfer registration based on preliminary reserve return. The said application was served to the Defendants around that time.

(3) On November 4, 2016, the Suwon District Court accepted the claim for cancellation of the provisional registration of the remaining plaintiffs except the plaintiff A, dismissed the claim for cancellation of the ownership transfer registration (the plaintiff's lawsuit was dismissed on the ground that the plaintiff A has no capacity to act), and was based on the return of the reserve of inheritance of the preliminary claimant.

arrow