logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.01.27 2014가단67474
유류분반환 등
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The deceased I (the deceased on September 18, 201, hereinafter “the deceased”) and the Appointed H are married with the couple, there are Defendant B, the Plaintiff (Appointed Party), the Appointed Party G, and Defendant C and D are children of Defendant B.

B. The Plaintiff (Appointed) completed the registration of ownership transfer on March 2, 2004 with respect to the portion of 562/1058 out of the instant real estate due to donation on March 2, 2004, and Defendant B completed the registration of ownership transfer on May 2, 2010 with respect to the remaining portion of the instant real estate due to donation on May 2, 2010 (hereinafter “instant donation”).

C. After completing the registration of ownership transfer based on the instant donation, Defendant B completed the registration of ownership transfer, as described in paragraphs (b) and 3-B of Article 2 of the purport of the claim, the registration of partial transfer of shares was completed in Defendant C and D, and thereafter the registration of ownership transfer was completed as described in paragraph (b) of Article 1 of the claim.

In addition to the instant real property, there is no real estate owned by the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff (Appointed Party)’s gift of this case infringes upon the Plaintiff (Appointed Party), Appointed Party G, and H’s right to forced inheritance. Thus, Defendant B shall exercise the right to claim the recovery of forced inheritance as stated in paragraph 4 against the Plaintiff. The right to claim the recovery of forced inheritance of this case shall be exercised as the right to claim the recovery of forced inheritance of this case as stated in Article 1, 2, and 3 of the claim.

B. The Defendants’ claim against the pertinent legal reserve of inheritance expired one year after the lapse of one year.

3. Determination

A. The facts that the person having the right to legal reserve of inheritance commenced inheritance and gift or testamentary gift, which is the starting point of the short-term extinctive prescription period of the right to claim the return of legal reserve of inheritance under Article 1117 of the Civil Act, and that there was a gift or testamentary gift.

arrow