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(영문) 창원지방법원 진주지원 2018.12.05 2018가합10145
유류분반환 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The F (hereinafter “the deceased”) was married with G, and formed H, the Plaintiffs, and the Defendant under the chain, and died on April 7, 201 after G’s death.

B. On October 20, 1996, the Deceased, JJ 251.9 square meters and above ground buildings (hereinafter “J real estate”), each of the instant real estate donated to the Defendant on October 25, 2002, and on October 28, 1996, the registration of ownership transfer was completed on October 28, 2002 with respect to the instant real estate.

C. At the time of death, the Deceased owned each real estate listed in the separate sheet No. 2 list (hereinafter “inherited real estate”). On February 2017, 2017, the Deceased and the Plaintiffs, the Defendant, and the Defendant inherited each share of 1/5 with respect to inherited real estate and sold inherited real estate in the future, and 1/6 each share of the sale price, including H, was distributed each of them.

(hereinafter “instant agreement on division of inherited property”). D.

On August 3, 2017, the registration of ownership transfer was completed in the name of the Plaintiffs and the Defendant (each of 1/5 shares) on the inherited real estate following the instant agreement on the division of inherited property.

On September 18, 2017, the plaintiffs and the defendant sold the real estate listed in attached Tables 2 and 3 to K, and on March 2, 2018, the registration of transfer of ownership was completed in the name of K.

E. On September 25, 2017, the Plaintiffs, the Defendant, and H drafted a written confirmation with respect to the agreement on the division of the inherited property of this case. According to the agreement on the division of the inherited property of this case, the sales price of each of the real estate listed in [Attachment 2] Nos. 2 and 2 and 3 of [Attachment 2] was KRW 16 million (=real estate of KRW 77 million as stated in paragraph (2)) was distributed to the Plaintiffs, the Defendant, and the H, each of whom was distributed in 1/6.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including a branch number if there is a serial number; hereinafter the same shall apply), Eul evidence Nos. 2-2, 3, 4, Eul evidence Nos. 6 and 13, witness testimony, Jinju and Sacheon City.

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