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(영문) 수원지방법원평택지원 2020.09.17 2019가합8735
유류분
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, F, and Defendants are children between the parties’ relevant network D (hereinafter “the deceased”) and the network E.

The deceased E died on January 20, 200, and the deceased died on May 23, 2018.

B. As to each of the real estate listed on the table below the deceased’s possession of the deceased’s gift, the registration of ownership transfer was completed on the date stated in the “Gift” column, and the value of each of the real estate listed on the table below at the time of the death of the deceased shall be as stated in the corresponding “value” column.

On March 28, 2000, Defendant C1,016,792,000 square meters on March 28, 2000 on the gift date of real estate (registration date) Nos. 181,764,000 square meters on March 18, 201, Defendant B 253,980,000 square meters on December 9, 2002, Defendant B 253,980,000 square meters on December 18, 2010, Plaintiff B 181,764,000 square meters on January 18, 2010, Plaintiff 1,452,536,000

C. The deceased’s inherited property and inheritance obligation are not inherited property and inheritance obligation of the deceased.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the court's entrustment of market price appraisal to the appraiser J, the purport of the whole pleadings

2. The plaintiff's assertion

A. On January 18, 2010, the registration of ownership transfer was completed with respect to the size of 324 square meters in Pyeongtaek-si I and 324 square meters on the same day in the Plaintiff’s future on the same day on the same day, but this was made on August 10, 2010 by the Plaintiff to support the deceased, who was a F’s father, after receiving the donation under the condition of support of the deceased.

Therefore, the Plaintiff did not have property donated from the deceased.

B. Since the gift of the deceased’s real estate to the Defendants infringed the Plaintiff’s legal reserve of inheritance, which is the co-inheritors of the deceased, the Defendants shall return the shortage in the legal reserve of inheritance stated in the claim to the Plaintiff.

3. Determination

A. The Plaintiff, as the inheritor of the deceased, is a successor to the method of calculating shortage of legal reserve of inheritance, limited to the Defendants, who are other inheritors.

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