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(영문) 창원지방법원진주지원 2015.03.11 2013가단14138
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased L (hereinafter “the deceased”) married with the Plaintiff A, and was born by seven persons, including the Plaintiff B, and entered into a de facto marital relationship with M, and between them, two South and North women, including the Defendant.

B. The Deceased died on June 2013, and the Plaintiffs and the Defendant jointly inherited the deceased’s property.

C. On November 13, 2012, the Deceased completed the registration of ownership transfer on the ground of donation to the Defendant on the instant real estate (hereinafter “instant donation”); at the time of death, the Deceased owned a building, such as a building, such as 5,352 square meters of forest and field, 05,352 square meters of forest and field, 74 square meters of P field, 479 square meters of P field, Qgu, 621 square meters of land among the instant real estate; and owned a deposit claim of KRW 58,234,278 against the Busan National Agricultural Cooperative Co., Ltd.; and a deposit claim of KRW 3,903,690 against the post office.

(hereinafter referred to as the "Deposit Claim against the Agricultural Cooperatives of Busan District" (hereinafter referred to as the "Deposit Claim"). [Grounds for Recognition] without dispute, each entry in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3 (including each number), and the order to submit financial transaction information to the Si/Gun Office of Busan District, the office of Si/Gun, and the office of Si/Gun/Gu, and the purport of the whole pleadings, as a result of the submission of

2. The parties' assertion

A. Since the plaintiffs' assertion of this case infringed the plaintiffs' legal reserve of inheritance, they sought the return of legal reserve of inheritance against the defendant.

At the time of the death of the deceased, the Defendant withdrawn the deposit claim of this case, which was possessed by the deceased without being represented by the Plaintiffs, and this, including the remaining amount after the expense disbursement of KRW 34.5 million, the Defendant kept in the personal account a total of KRW 65 million including the remaining amount after the expense disbursement.

Since the above 65 million won claims are inherited property of the deceased, they seek the return of the amount equivalent to the plaintiffs' share of inheritance.

B. The Defendant’s assertion was that the deceased had property, such as the instant real estate, other than the instant real estate, and thus, was the instant donation.

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