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(영문) 광주지방법원 2017.08.09 2016가단503683
유류분반환청구
Text

1. For the plaintiff B:

A. Defendant D returned legal reserve of inheritance in relation to the shares of 1/42 of the real estate listed in the attached Table 1.

Reasons

1. Basic facts

A. Nonparty G (hereinafter “the deceased”) died on January 5, 2016, and there was Plaintiff C, A, B, Defendant D, E, F, and Nonparty H as the inheritor’s children.

B. On October 28, 2014, the Deceased: (a) entrusted I Joint Office of Notaries Public with the preparation of a testamentary deed; and (b) drafted a notarial deed in which the Deceased jointly bequeathed each real estate listed in the I Notaries Joint Office No. 1071, 2014 (hereinafter “each real estate of this case”); and (c) jointly bequeathed the respective real estate listed in the I Notaries Public’s List to the Defendants.

C. On January 14, 2016, the Defendants, in the future, completed the registration of ownership transfer based on legacy on January 5, 2016 with respect to shares of 1/3 of each of the instant real estate.

Defendant E and F donated 1/3 of the real estate listed in the separate sheet to Defendant D on January 14, 2016 and completed the ownership transfer registration. Defendant D and F donated 1/3 of the real estate listed in the separate sheet to Defendant E on January 27, 2016 and made the ownership transfer registration until January 27, 2016. Defendant D and E stated in the separate sheet of real estate.

3. Does

4. On January 27, 2016, each one-third share of each real estate was donated to Defendant F, and made a registration of ownership transfer on January 27, 2016.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 through 7, 9, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiffs' claim for the return of legal reserve of inheritance

A. 1) The plaintiffs' assertion 1) The deceased owned each of the instant real property at the time of the death, and there was approximately KRW 15,00,000 with deposit claims, and each of the said property should be included in the property, which serves as the basis for calculating the legal reserve of inheritance.

B) Since the Defendants received 1/3 shares of each of the instant real estate after receiving a testamentary gift, and infringed the Plaintiffs’ right to the legal reserve of inheritance, they must return the legal reserve of inheritance to the Plaintiffs as stated in the claims 1 through 3. 2) The summary of the Defendants’ assertion is the instant deposit claim.

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