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(영문) 서울중앙지방법원 2018.01.29 2015가단5360849
유류분반환 청구의 소
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on November 9, 2009, and his heir is F and children who are his spouse, and the Plaintiffs and the Defendant.

B. Legal shares of the deceased’s heir are 3/11 in F, and 2/11 in each of the Plaintiffs and the Defendant.

C. On April 2, 2008, the Defendant, an external son of the deceased, donated on April 1, 2008 the real estate No. 1 (hereinafter “G commercial building”) from the deceased, and completed the registration of ownership transfer under the name of the Defendant on April 2, 2008. The real estate No. 2 real estate No. 1 (hereinafter “Spoon land”) was donated from the deceased on June 8, 2001, and completed the registration of ownership transfer under the name of the Defendant on June 19, 2001.

Meanwhile, at the time of the deceased’s death, there were the I apartment house located outside of H, and one parcel of land (hereinafter “I apartment house”), the Yeongdeungpo-gu Seoul Metropolitan Government J, and the second floor heating 25 (hereinafter “Yeungpo commercial store”), and there was a deposit claim against one bank in the name of the deceased as financial property of KRW 52,063,597.

E. On November 9, 2009, with respect to I apartment, the ownership transfer registration was made in F name on April 12, 2010 on the ground of inheritance by consultation and division, and the ownership transfer registration was made in F name on November 9, 2009 on the ground of inheritance by division on November 9, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 4 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. At the time of the death of the Deceased, the Plaintiffs were aware that only I apartment and Yeongdeungpo-gu commercial buildings were inherited property at the time of their death.

However, after the lapse of five years from the death of the deceased, the Defendant came to know G commercial buildings from the mother F that he received a donation from the deceased, and in addition, the Defendant donated the instant real estate from the deceased.

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