(영문) 부산지방법원 2018.11.01 2016가단324065

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(영문) 부산지방법원 2018.11.01 2016가단324065

유류분반환

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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

(1) The F died on June 14, 2015, and there is G and the Defendants, the heir, who is the Plaintiff, the wife, and the Defendants.

d. F prepared, on July 20, 2008, a testamentary design of the following contents (hereinafter “instant testamentary design”) with respect to H 146.8 square meters (hereinafter “instant real property”) owned by F at the time of Busan Dong-gu, Busan (hereinafter “instant real property”).

-The following-property shall not be disposed of when the person(s) in question is alive:

The method of distribution to children – while giving three-seven minutes of all property to children, 1/7 shall be given to four married children (one-seven married G shall be attached to the condition that the buildings shall be returned). Consolidated. The property under its name as of the time of death of F shall be attached to the condition that the buildings shall be returned.

x. On November 23, 2015, the Plaintiff and G filed a claim against the Defendants for adjudication on the division of inherited property and the determination on the contributory portion with respect to the instant real estate, stating that the Plaintiff and G should be recognized as the contributory portion, and on February 14, 2018, the said court dismissed each of the instant claim for adjudication on the division of inherited property and the determination on the contributory portion, on the grounds that the co-inheritors’s agreement on division of inherited property did not lead to an agreement on division of inherited property, as long as the F has designated the method of division of inherited property by will as above, on the ground that the co-inheritors’s agreement on division of inherited property did not lead to an agreement on division of inherited property, and that the instant claim for adjudication on division of inherited property was unlawful.

The plaintiff and G are dissatisfied with this and filed a lawsuit with Busan High Court No. 2018B504.

(v) After the death of F, the instant real estate remains in the F’s name.

[Ground of recognition] Evidence Nos. 1 through 4 (including branch numbers), Gap evidence Nos. 26, and the purport of the whole pleadings

2. Defendant C’s defense prior to the merits

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