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(영문) 광주지방법원 2017.06.02 2015가단527071
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 7, 2003, the Defendant was donated from the deceased G (hereinafter “the deceased”) the land at Hean-Gun, I land, and buildings on each of the instant real estate (hereinafter “each of the instant real estate”).

B. The Deceased died on September 4, 2008, and his heir is the wife and the Plaintiffs and the Defendant, who are children.

At the time of September 4, 2008, the market price of each real estate of this case was KRW 26,734,290.

C. On October 26, 2010, the Defendant sold each of the instant real estate to K.

[Reasons for Recognition] The fact that there is no dispute, the result of the market appraisal by the unified appraisal corporation of the appraiser corporation, the purport of the entire pleadings

2. Judgment as to the main claim

A. On October 7, 2003, the Plaintiffs asserted that they held the title trust of the instant real estate to the Defendant.

However, since the Defendant sold the instant real estate to K, the Defendant, a trustee, is obligated to return the real estate sales price to the Deceased as unjust enrichment. Since the Plaintiffs are the deceased’s inheritors, the Defendant is obligated to pay the Plaintiffs the money equivalent to 2/13 of the sales price of each of the instant real estate.

B. The evidence submitted by the plaintiffs alone is insufficient to recognize the fact that the deceased held the title trust of each of the instant real estate to the defendant on October 7, 2003, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiffs' claim is without merit.

3. Judgment on the conjunctive claim

A. 1) The Defendant’s donation of each of the instant real estate to the Defendant does not constitute infringement of legal reserve of inheritance, and the Defendant’s selling of the instant real estate to K on October 26, 2010 without the Plaintiffs’ consent is an act of infringement of legal reserve of inheritance. The Plaintiffs became aware of such sale in around 2015, and immediately thereafter, the statute of limitations has not expired since they filed the instant lawsuit. Accordingly, the Defendant is obligated to pay each of the instant legal reserve of inheritance to the Plaintiffs. 2)

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