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(영문) 서울중앙지방법원 2014.04.10 2011가합127947
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1 to 5 and 8 (including each number; hereinafter the same shall apply):

On March 5, 1932, the deceased J (hereinafter referred to as the “the decedent”) married with the deceased K, and had children, M, Plaintiff A, Plaintiff B, and Plaintiff C. On February 20, 1954, after the death of the network K, Defendant H, N and Defendant I were married with his children.

B. The deceased L was killed on July 8, 2003, and his heir had Plaintiff D and his spouse, Plaintiff E, Plaintiff F and Plaintiff G.

C. On March 1, 2011, the decedent died. At the time of his death, each of the real estate listed in the separate sheet No. 1 and each of the claims listed in the separate sheet No. 2 in the name of the decedent was held, and at the time of his death, the ownership transfer registration was completed in the name of Defendant H with respect to the real estate listed in the separate sheet No. 3, and each of the real estate listed in the separate sheet No. 4 had been completed in the name of N and Defendant I.

Meanwhile, from October 23, 1965, the ownership transfer registration has been made in the name of Defendant H on the ground that the donation was made on the same date on April 19, 2007, on the following grounds: 2,049 square meters in Yangcheon-gu Seoul, P field 2,451 square meters, Q field 1,142 square meters, R field 1,194 square meters, and S lot 502 square meters (hereinafter “T”).

On December 9, 2011, the Plaintiffs filed a claim against the Defendants, M, and N for the adjudication on the division of inherited property with the Seoul Family Court 201Dhap307, the Seoul Family Court, and the said court determined that each of the real estate listed in the separate sheet 3 and 4 on February 19, 2014 and the instant land cannot be deemed as the real estate trusted by each of the Defendants, and that there is no special benefit or contributory portion of co-inheritors’s co-inheritors, and that only the real estate listed in the separate sheet 1 and each of the claims listed in the separate sheet 2.

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