logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.10.20 2019가단515182
유류분반환 청구의 소
Text

1. Each of the plaintiffs' primary claims is dismissed.

2. The defendant stated the plaintiffs in the list of attached real estate Nos. 5.

Reasons

1. Basic facts

A. Inheritance-related Plaintiffs, the Defendants, and E, F, and G are children of H (hereinafter “the deceased”) and the deceased’s inheritors on February 14, 2016.

At the time of the death of the deceased, there was no active and negative properties other than each real estate listed in the list Nos. 4, 5, and 6 of the attached real estate list.

B. A gift to the Defendant and the deceased of legacy completed the registration of ownership transfer on November 23, 201, on the grounds of donation on November 17, 2011, on each real estate listed in the table Nos. 1, 2, and 3 of the attached Table 1, 2, and 3.

The defendant completed the registration of ownership transfer on March 3, 2016 on each real estate listed in the list Nos. 4, 5, and 6 of the attached real estate list on February 14, 2016.

C. On March 30, 2016, the Defendant: (a) sold the real estate listed in [Attachment 4 and 6] Nos. 4 and 6 to I; and (b) completed the registration of ownership transfer on April 4, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs asserts that the plaintiff, as stated in the above basic facts, donated each real estate listed in the list of the attached real estate to the defendant and bequeathed by the deceased to the defendant as stated in the list of the attached real estate to the extent that the deceased was under way to receive treatment due to his in-depth dementia. Since it was impossible for the deceased at the time to communicate, the above donation and legacy are null and void. The defendant is obligated to cancel the registration of transfer of ownership in the name of the defendant as to each 1/7 shares of the plaintiffs among the real estate listed in the table 1, 2, 3, and 5

According to Gap evidence Nos. 12, 13, and 14, the deceased may be acknowledged that he/she received treatment due to her in-depth dementia, etc. from around August 6, 2010. However, according to Gap evidence No. 10, on the other hand, on November 17, 2011, a testamentary deed of the deceased was prepared on the day when the above donation was made, and the above deed was prepared.

arrow