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(영문) 서울남부지방법원 2015.01.23 2014가합6412
유류분반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 22, 193, the network G married with the network H on May 2, 193, resulting in the Plaintiffs, I, and the consultation on December 28, 1940.

B. After that, G married with the deceased J on December 12, 1941, G was born between the Defendants and K (Death on May 18, 194).

C. G was returned to North Korea at the time of the Korean War, and died in North Korea.

Attached Form

Each real estate listed in the list (hereinafter “each real estate of this case”) was owned by the J. Among them, the real estate 1 and 2 of this case had been registered in the name of the J to the present day by the Seoul Southern District Court (Seoul Southern District Court No. 41229, Sept. 20, 200 as the receipt of 1/4 shares of each of the Defendants, and the registration of ownership transfer was completed on September 19, 200 as the gift was completed on September 20, 200.

E. The J died on August 20, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1 (Evidence Nos. 1, 2, 3, 5 and evidence No. 1, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. The primary assertion 1) G owned its own property under the name of J, and thereafter, as G was returned to North Korea and died, G naturally donated its property to J. Based on this, J acquired each of the instant real property. As such, all of the instant real property was G’s property, not the J’s own property, and thus, it constitutes the Plaintiffs, I, the Defendants, and the J’s inherited property. (ii) The J donated each of the instant real property to the Defendants by way of donation, and the Defendants were succeeded to the said property after the death of J, but all of them infringed upon the Plaintiffs’ legal reserve of inheritance, which is a part of the co-inheritors.

3) Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the return of legal reserve of inheritance with respect to 1/17 shares (2/17 of the Plaintiff’s statutory inheritance x 1/2 of the legal reserve of inheritance) of each of the instant real estate to the Plaintiffs. B. 1) The J is adopted.

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