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(영문) 서울동부지방법원 2020.06.05 2018가단143746
유류분반환
Text

1. The Defendant’s legal reserve of inheritance on January 24, 2019 with respect to 1/20 shares of each real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on June 16, 2018, and the Plaintiffs, the children of the deceased, the Defendant, and the F jointly inherited the deceased.

B. On March 25, 2016, the Deceased completed the registration of ownership transfer in the Defendant’s future on the ground of gift made from March 19, 2016, as to 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in his/her name on March 25, 2016.

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

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, 1/2 shares out of each of the instant real estate are the Defendant’s special benefit by donation before the deceased’s birth, and all of them are included in the underlying property for calculating the legal reserve of inheritance (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). The Defendant received 1/2 shares out of each of the instant real estate from the deceased, thereby infringing the Plaintiffs’ legal reserve of inheritance.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on January 24, 2019, which is the delivery date of a copy of the complaint of this case, with respect to the share 1/20 [the share amounting to 1/10 (the share amounting to 1/5 x 1/2 of the plaintiffs' statutory inheritance shares] among the share 1/2 of each real estate of this case to the plaintiffs.

3. The plaintiffs' claims against the defendant are justified, and all of them are accepted. It is so decided as per Disposition.

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