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(영문) 창원지방법원 마산지원 2018.01.11 2017가단102320
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The netF died on April 16, 2016.

The heir of the networkF is the Plaintiffs (Plaintiff A is the spouse of the network G, Plaintiff B, and C are the children of the network G), Defendant D, who died before the network F’s death, and Defendant E is the spouse of Defendant D.

(b)each real estate listed in the separate sheet was owned by the network F;

(Provided, That on August 1, 2011, the registration of ownership transfer was completed on August 10, 201 with respect to each real estate listed in attached Table 1-h (20/99 shares in the real estate listed in the attached Table 1-h (20/99 shares in the real estate listed in the attached Table 1-h) with respect to each real estate listed in attached Table 1-h (20/99 shares in the attached Table) to the Defendants, each of the registration of ownership transfer was completed on August 10, 201 with the Changwon District District Court Hawon District Court 26340 shares received on August 10, 201 (for the real estate listed in the attached Table 1-h of the attached Table, 1-h shares in each of the Defendants, 10/99 shares in each of the real estate listed in the attached Table 1-h), and the Defendant D received the registration of ownership transfer with respect to the real estate listed in attached Table 1-2 from the Changwon District Court 294.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 4 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. Since the net F of the plaintiffs' assertion was in violation of the plaintiffs' legal reserve of inheritance by donating each real estate listed in the separate sheet to the defendants, the defendants must return the difference in the plaintiffs' legal reserve of inheritance as stated in the plaintiffs' claim.

B. In order for the Plaintiffs to exercise their right to claim the return of legal reserve against the Defendants, the Plaintiffs, as the Plaintiffs, assert and prove the value of the property held at the time of commencement of inheritance, the value of the donated property to be included, the amount of the net F debt to be deducted (Article 1113 and Article 1114 of the Civil Act), and calculated legal reserve by applying the Plaintiffs’ legal reserve ratio (Article 1112 of the Civil Act), and then, the Plaintiffs’ legal reserve of inheritance falls short of legal reserve of inheritance by deducting the amount of gift, testamentary gift, and inheritance

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