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(영문) 서울남부지방법원 2020.10.22 2020가단250435
유류분반환청구
Text

The defendant is due to the return of the legal reserve of inheritance with respect to shares of 1/8 of each of the real estate listed in the attached list to the plaintiffs.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 5 as to the cause of the claim, the deceased D (hereinafter "the deceased") died on August 23, 2019. The children under the family relation certificate of the deceased were indicated as E, the plaintiffs, the defendant, and each real estate listed in the separate sheet (hereinafter "the real estate of this case") were owned by the deceased. However, the defendant completed the registration of transfer due to legacy on September 11, 2019. The plaintiffs filed a lawsuit of this case against the defendant on July 10, 2020, seeking the registration of transfer of ownership based on legal reserve of inheritance with respect to 1/8 shares among the real estate of this case, and the defendant had the obligation to return shares among the plaintiffs of this case as to the real estate of this case. Thus, according to the fact that the defendant had the obligation to return shares of this case to the plaintiffs on July 10, 2020.

2. In conclusion, the plaintiffs' claims are accepted on the grounds of their reasoning, and 30% of the costs of lawsuit are determined according to Article 99 of the Civil Procedure Act in consideration of the details and nature of the dispute in this case, progress of proceedings, etc., and the remainder is decided as per Disposition by the defendant.

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