(영문) 수원지방법원안산지원 2020.07.15 2020가단69987

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(영문) 수원지방법원안산지원 2020.07.15 2020가단69987

유류분반환 청구의 소

Text

For the plaintiffs:

A. As to the portion of 1/12 out of each real estate listed in the separate sheet No. 1, Defendant C, May 20, 2020.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) died on December 29, 2019, and the deceased’s heirs are the Plaintiffs, the Defendants, and G.

B. On June 11, 2013, the Deceased completed the registration of ownership transfer on the ground of the gift made before June 7, 2013 as to each real estate listed in the separate sheet No. 1, which was registered in his/her name on June 11, 2013.

C. On September 18, 2015, the Deceased completed the registration of ownership transfer in Defendant D on the ground of the gift made on September 16, 2015, as to the real estate listed in the Attached List No. 2, which was under his/her name.

In June 19, 2008, the Deceased completed the registration of ownership transfer on the ground of the gift made on May 22, 2008 by the Defendant E, and on September 16, 2015, the registration of ownership transfer on the real estate listed in Section 3(b) of the attached Table No. 3, which was registered under his/her name, was completed on September 15, 2015.

E. The Deceased did not have any particular positive and negative property at the time of death.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, each of the real property listed in the separate sheet is the property each of the Defendants benefiting from the deceased’s donation through the birth donation, and its entire amount is included in the basic property for calculating the legal reserve of inheritance (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). The Defendants received each of the real property listed in the separate sheet from the deceased by receiving the inheritance from the deceased

Therefore, with respect to the plaintiffs, 1/12 shares [the share amounting to 1/12 (the share amounting to 1/6 x 1/2) of the plaintiffs' legal share of inheritance among each real estate listed in the attached list] among the real estate listed in the attached list, Defendant C was due to the return of legal share of inheritance on May 20, 202, which is the delivery date of a copy of the complaint of this case.

참조판례

-대법원 1996. 2. 9. 선고 95다17885 판결

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