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(영문) 의정부지방법원 2017.11.01 2016가단122379
유류분반환
Text

1. The defendant C among the real estate listed in the separate sheet Nos. 15 to 18, 90,186, 673/753, 260,000 shares to the plaintiff A.

Reasons

1. Basic facts

A. H was married with the Plaintiff A and formed I, B, J, and G under the chain, and G married with the Defendant C, and formed Defendant D (K), Defendant E (L) and Defendant F (M).

B. H died on July 17, 2016.

C. H (hereinafter “the deceased”) owned each real estate listed in the separate sheet before birth. However, with respect to real estate Nos. 1 through 5 listed in the separate sheet, the ownership transfer registration was completed under the name of each court on the ground of the gift dated April 17, 2008, and with respect to real estate Nos. 6 through 14, the ownership transfer registration was completed under the name of each court on November 23, 2010 on the ground of the gift dated November 23, 2010, with respect to real estate Nos. 15 through 22 on the ground of the gift dated Oct. 18, 2010, the real estate Nos. 15 through 18 was registered under the name of the Defendant C, the real estate Nos. 19 through 22, the Defendant D, and the No. 19 through 22, and each of the above real estate was registered under the name of each of the Defendants on the ground of the said gift No. 3. 25, the ownership of each of the said real estate.

As a result, there were 26,27 real estate and deposit claims of 40,049,980 won as active property at the time of the death of the deceased, and there was no small property.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 3, purport of the whole pleadings

2. The parties' assertion

A. Although the instant donation against the Defendants of the Plaintiffs was made one year prior to the time of death, it is substantially the same as the donation to G, which is a co-inheritors, and thus, the calculation of legal reserve of inheritance should be included regardless of the time of donation.

Even if not, the gift to the Defendants is "the deceased and the Defendants."

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