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(영문) 서울고등법원 2015.06.19 2014나46671
유류분청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' claims expanded in the trial are all dismissed.

3...

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on March 7, 2004, and the inheritor is the Plaintiff B, C, Defendant, and F, the spouse of the Plaintiff A, C, Defendant, and F.

B. At the time of the death, the Deceased owned the land listed in the separate sheet No. 1, 2, and 3 (hereinafter referred to as “instant land”; and all of the land listed in the separate sheet No. 1 as indicated in the separate sheet No. 1, 2, and 3 (hereinafter referred to as “each of the instant land”); building no. 1 (hereinafter referred to as “instant building”); building no. Hanam-si, Hanam-si, G, and 1 (hereinafter referred to as “instant building”); and there was no small property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 13, 14, and 18 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion 1) The plaintiffs are the inheritors of the deceased, and there was a shortage of the plaintiffs' legal reserve of inheritance due to the donation or testamentary gift of each land of this case owned by the deceased to the defendant. Thus, among each land of this case, the defendant is obligated to complete the registration of transfer of ownership with respect to the share of 3/22 (i.e., the share of 3/11 x 1/2) of the above plaintiffs among each land of this case, 1/11 (i.e., the share of 2/11 x 1/2), i.e., the share of 1/11 (i., the share of 2/11 x 1/2) of the above plaintiffs' legal reserve of inheritance.

In addition, around 191, the Deceased donated KRW 20 million to the Defendant’s wife, and KRW 30 million to the Defendant’s children (X andY).

Therefore, since there is a shortage in the plaintiffs' legal reserve of inheritance, the defendant is obligated to pay each of the plaintiffs the shortage in legal reserve of inheritance (Plaintiff A35,486,057, Plaintiff B3,066,148, Plaintiff C17,090,803).

B. Determination 1 on each of the instant land

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