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(영문) 수원지방법원 안양지원 2018.11.23 2017가단123681
유류분반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are the children of the deceased G (hereinafter “the inheritee”); the Defendant C is the wife of the deceased, who is the children of the inheritee; the Defendant D and F are the children of the deceased H; and the Defendant E is the children of the Defendant B.

B. On December 29, 1983, the decedent completed the registration of ownership transfer on the ground of sale and purchase on December 28, 1983.

C. On June 11, 2013, the decedent completed each registration of ownership transfer on June 10, 2013 with respect to the real estate listed in the separate sheet Nos. 1/2 shares among the real estate listed in the separate sheet Nos. 2 list to Defendant C and D, and with respect to the respective shares of 1/2 shares among the real estate listed in the separate sheet Nos. 3 list to Defendant E and F, respectively.

The decedent died on November 25, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the argument 1) Since the gift of each of the instant real estate to the Defendants of the Plaintiff’s inheritee infringed on the Plaintiff’s legal reserve of inheritance, the Defendants should return the legal reserve of inheritance to the Plaintiff within the scope of the property donated to the Plaintiff, which was infringed upon by the Plaintiff. 2) Since the instant lawsuit was filed one year after the Plaintiff became aware of the commencement of inheritance and the fact of donation, the Plaintiff’s right to claim the return of legal reserve of inheritance had already expired before the instant lawsuit was filed. 2) On October 8, 2001, the Plaintiff received shares of 81.61/836.8 square meters of the I Religious site from the inheritee and received shares of 836.8 square meters of the Plaintiff’s legal reserve of inheritance from the inheritee, and received special profits

C. The plaintiff is a person who did not perform his duty to support the deceased and did not act with a parity, and the plaintiff's right to claim the return of legal reserve of inheritance should be restricted in accordance with the principle

B. Article 1117 of the Civil Code as to the completion of the extinctive prescription, "The right to claim the return of legal reserve of inheritance shall be the donation or testamentary gift that the person with the right to legal reserve of inheritance shall

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