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(영문) 서울서부지방법원 2015.12.17 2014가합38005
유류분반환
Text

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

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

Reasons

Basic Facts

The network G and the network H (hereinafter “the deceased”) are married with the couple, and the network G died on February 8, 1997.

There are children between the deceased G and the deceased, who are the plaintiffs, the defendant F and I, and J.

Defendant E is the denial of Defendant F.

On December 24, 2001, the Deceased completed the registration of ownership transfer based on the gift made on December 19, 2001, as to the real estate listed in the attached list (hereinafter “instant real estate”).

Meanwhile, the Eunpyeong-gu Seoul Metropolitan Government K large 223 square meters and the remainder of 1/2 shares of the building on the ground (hereinafter “Stoon shares”) were owned by J, and the ownership transfer registration was made to Defendant F on September 28, 201 due to the trade on August 29, 201.

The Deceased died on September 8, 2013.

[Ground] Facts without dispute, Gap evidence Nos. 1 and 2 (including the number of branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings by the plaintiffs asserted that the deceased donated the real estate of this case to defendant F and entrusted only to defendant E, so the donation of the real estate of this case constitutes a donation to co-inheritors.

Therefore, the instant real estate is included in the underlying property in calculating legal reserve of inheritance.

It is not so.

Even if Defendant E received the instant real estate with knowledge that damages would be inflicted on the Plaintiffs, it shall be included in the basic property of calculating the legal reserve of inheritance even if the donation was made one year prior to the commencement of the inheritance.

Therefore, the Defendants received the instant real estate gift and infringed the Plaintiffs’ forced inheritance.

Therefore, the Defendants are obligated to implement the procedures for the registration of transfer of ownership based on the return of legal reserve for shares among the instant real estate, and jointly and severally, to return money in proportion to KRW 6,359,188, and to KRW 502,404, each of the periods from September 3, 2013 to September 22, 2014, which were the date of commencing the inheritance, from September 23, 2014 and from September 23, 2014 to the end date of using the instant real estate.

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