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(영문) 수원지방법원성남지원 2020.07.07 2018가단220351
유류분반환
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A.F died on May 27, 2001

The deceased F had children H, I, Defendant, and Plaintiff B between G (the deceased on May 22, 2008, hereinafter “the deceased”) and wife (hereinafter “the deceased”).

Among them, H died on August 11, 1998, before the deceased’s death. H had his child between J (Divorce around 1979) and the former wife, and H had the Plaintiff C as his child, and had the Plaintiff D between the married Plaintiff A (Marriage 1987) and the latter.

H’s heir is Plaintiff A, K, Plaintiff C, and Plaintiff D.

B. The deceased F’s heir was the Plaintiff A, K, C, and Plaintiff D, who was the deceased, the deceased, the Defendant, the Plaintiff, and the deceased H’s substitute heir.

However, among them, the deceased, I, the defendant, and the plaintiff B renounced their inheritance on July 26, 2001, and as the succession was renounced on August 24, 2001, the only plaintiff A, the plaintiff C, and the plaintiff D remains the inheritor.

C. The deceased’s heir is the plaintiff A, K, the plaintiff C, and the plaintiff D, who is the deceased’s substitute heir of I, the defendant, the plaintiff B, and the deceased. The deceased owned the L Apartment M (hereinafter “L apartment”) in Sungnam-si, Sungnam-si, and on August 7, 2009, the 6/10 shares of L among L apartment due to “the inheritance by consultation division” was completed in the future of the plaintiff B, and the 4/10 shares were completed in the future of the defendant.

Meanwhile, the Deceased completed the registration of ownership transfer on September 10, 201 due to the Defendant’s donation from September 6, 2001, when he owned each real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5 (including branch numbers, hereinafter the same shall apply), Eul evidence 104, the purport of the whole pleadings

2. Summary of the plaintiffs and the defendant's assertion

A. The plaintiffs alleged that the defendant purchased the real estate of this case from the deceased, and the plaintiffs trusted this to the defendant and the deceased except for the real estate of this case.

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