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(영문) 광주지방법원 2020.04.10 2019가단3030
유류분반환
Text

1. For the plaintiffs:

A. Defendant C’s shares of 1/12 of the real estate listed in the separate sheet No. 1 and the separate sheet No. 2.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on February 16, 2018, and the inheritors were the Plaintiffs and the deceased F (the Defendants, the children), and their legal portion of inheritance was 1/3 shares, respectively.

[Judgment of the court below] The defendant 1/6 (=1/3 】 1/2) shares are inherited by substitute.

On October 8, 2013, the Deceased prepared a testamentary document stating that the real estate listed in Paragraph (1) of the Attached List No. 1 (hereinafter “the instant forest land, etc.”) prior to the death will be bequeathed to the Defendants, and that the real estate listed in Paragraph (2) of the Attached List No. 2 (hereinafter “the instant housing, etc.”) will be bequeathed to Defendant C by adding all the real estate listed in the Attached Tables No. 1 and 2 (hereinafter “each of the instant real estate”).

C. Accordingly, on March 14, 2018, the deceased’s death, the Defendant C completed the registration of ownership transfer based on legacy on February 16, 2018 as to each of the instant housing, etc. and the instant forest land, etc. (Provided, That the real estate listed in paragraph (2) (b) of the attached Table (the housing portion among the instant forest, etc.) has completed the registration of ownership transfer based on a testamentary gift as of February 16, 2018). Defendant D completed the registration of ownership transfer based on the title transfer on March 14, 2018 with respect to each of the instant forest, etc. among the instant forest, etc.

At the time of death, the Deceased did not have any special property or liability other than each of the instant immovables.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including various numbers for each type of evidence), the purport of the whole pleadings

2. The Korean Civil Code recognizes the legal reserve of inheritance in accordance with Articles 1112 through 1118 and does not provide for the method of returning the legal reserve of inheritance. However, returning the property subject to inheritance or testamentary gift itself is a normal method of returning the property. Thus, the person with the legal reserve of inheritance is entitled to the legal reserve of inheritance by the method of returning the property.

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