(영문) 전주지방법원 2021.02.17 2019가단25365

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(영문) 전주지방법원 2021.02.17 2019가단25365

유류분반환

Text

Plaintiff

All of the primary claims against the defendant A and B are dismissed.

2. The defendant is against the plaintiff A and B, respectively, 27,733.

Reasons

Basic Facts

1) The deceased E (hereinafter “the deceased”) died on March 20, 2019.

2) A spouse F of the Deceased died on November 15, 200 before the Deceased’s death.

3) The deceased’s children are the plaintiffs and G, and the defendant is G’s children.

On April 17, 2015, the Deceased’s Birth Gift Co., Ltd. entered into a gift agreement with the Defendant on each real estate listed in paragraphs 1 through 4 of the attached Table on April 17, 2015, and on each real estate listed in paragraphs 5 and 6 of the attached Table on September 15, 2015, and entered into the Defendant on April 21, 2015 with respect to each real estate listed in paragraphs 1 through 4 of the attached Table on April 21, 2015 (excluding an unauthorized building among the real estate listed in paragraph 2 of the attached Table), and completed the registration of transfer of ownership on each real estate listed in paragraphs 5 and 6 of the attached Table on September 21, 2015.

At the time of the deceased’s death, there was no active or negative property at the time of the deceased’s death.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, and 8 (including each number), the occurrence of the duty to return the oil portion, and the plaintiffs' assertion in the purport of the whole pleadings. The defendant, who received the real estate in the attached list from the deceased from the deceased, thereby infringing the plaintiffs' legal reserve of inheritance. Thus, the plaintiff is obligated to return the original real estate in the first place to perform the procedure for registration of transfer of ownership, and where it is impossible to return the original real estate in the preliminary form, the return amount is obligated to pay the plaintiffs 27,73,695 won and delayed damages for each of the real estate in the attached list.

The amount of oil in the calculation method of the shortage in legal reserve shall be calculated by adding the value of the property donated to the entire value of the property at the time of the commencement of the inheritance of the person in question, and deducting the total amount of the debts that the decedent had borne at the time of the commencement of inheritance from among them, and then determining the amount of the property

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