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(영문) 부산고등법원 2016.03.24 2015나2539
유류분
Text

1. The plaintiffs' primary claims added in the trial are dismissed.

2. The defendant's appeal is dismissed.

3...

Reasons

1. Facts of recognition;

A. G had the Plaintiffs and I as children between H, and the Defendant is I’s children.

B. H died on June 10, 2003, and G died on January 12, 2013.

(hereinafter referred to as “the deceased”). (c) G

At the time of death, the Deceased owned ① 2,576 square meters, ② 1,338 square meters, ② 391 square meters, ③ L 491 square meters (each of the real estates listed in the attached Table; ② the above, ② 3, the real estate collectively referred to as the “each of the instant real estate”), ④ 698 square meters, ④ 84.2 square meters, livestock pens, 52.3 square meters, and toilet 2.25 square meters, and 828,131,000 (hereinafter collectively referred to as the “instant housing, etc.”), and as of the date of death, the market value of the said real estate is the aggregate of KRW 28,296,240,00 (hereinafter collectively referred to as the “instant real estate”), ② 238,164,000,300 won, ② 435,000 won, ④ 208,400,5209 won, and KRW 309).

On January 17, 2013, the death of the deceased, the Defendant completed the registration of transfer of ownership (hereinafter “each transfer of ownership of this case”) due to donation from January 7, 2013. At the time, the registration of each transfer of ownership of this case was applied for in the name of the deceased and the defendant who is the person responsible for registration, who is the person responsible for registration.

E. On January 12, 2013, the instant house, etc. was subject to registration of ownership transfer on March 15, 2013 on the ground of inheritance by agreement and division.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (where there are serial numbers, each number number ; hereinafter the same shall apply), Eul evidence Nos. 2 and 5, the result of the market price appraisal commission to the Yangsan Certified Public Accountants' Office by the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. 1) The registration of transfer of ownership of each of the instant claims is invalid after the deceased’s death, and thus, should be cancelled. 2) The conjunctive claim is the deceased’s heir, and the Defendant violated the legal reserve of inheritance of the Plaintiffs by receiving donations from the deceased, and thus, the Defendant violated the legal reserve of inheritance.

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