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(영문) 의정부지방법원 2017.11.01 2017가단115590
유류분반환 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C was married with D and placed in E, F, Plaintiff, and Defendant under the chain, and the Plaintiff married with G and left H (I), J (K) and L (M).

B. C died on July 17, 2016.

C. C (hereinafter “the deceased”) owned each real estate listed in the list of real estate attached hereto before birth. However, with respect to each real estate listed in the No. 1 through No. 5 in the list of real estate attached hereto, each real estate listed in the No. 1 through No. 5 for the reason of donation dated April 17, 2008, and with respect to each real estate listed in the No. 6 through No. 13 for the reason of donation dated November 23, 2010, the ownership transfer registration was completed under each of the defendant’s names on November 23, 2010; the No. 14 through No. 2135, Oct. 18, 2010; and the No. 14 through No. 1721, May 17, 2008; and the ownership transfer registration was made under each of the real estate’s respective titles No. 2135, Mar. 21, 2015; and each of the real estate title No. 214 through No. 217.

As a result, there were 25,26 real estate listed in the attached list as active property at the time of the death of the deceased, and 40,049,980 won of deposit claims, and there was no small property.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 4, purport of whole pleadings

2. The plaintiff's assertion infringed the plaintiff's legal reserve of inheritance by receiving most of the property donated from the deceased, and the defendant is obligated to implement the registration procedure for transfer of ownership based on the plaintiff's legal reserve of inheritance of 1/11 of shares among each real estate listed in the No. 1 through No. 13 of the attached list of real estate donated

3. Determination

A. Article 108 of the Civil Act provides that among co-inheritors, the property of the inheritee is the same as that of the inheritee.

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