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(영문) 대구지방법원 김천지원 2018.12.13 2018가단31992
유류분반환청구의소
Text

1. Defendant B:

A. As to shares 1/24 of each of the respective real estate listed in attached Tables 1 and 2, April 2018.

Reasons

1. Basic facts

A. D was deceased on April 16, 2017 in the state where his spouse and lineal descendant did not exist.

B. Lineal ascendants E and F of the deceased D (hereinafter “the deceased”) died before the deceased’s death. The deceased’s siblings include G, the Plaintiff, H, I, J, K, K, L, and M.

C. At the time of death, the Deceased owned each real estate listed in the separate sheet.

Defendant B completed the registration of ownership transfer on April 16, 2017 with respect to 1/2 shares of each of the real estate listed in the separate sheet 1, 2017 and each of the real estate listed in the separate sheet 3, 4, and 5 on June 12, 2017, and Defendant C completed the registration of ownership transfer due to legacy on April 16, 2017. Defendant C completed the registration of ownership transfer for 1/2 shares of each of the real estate listed in the separate sheet 3, 4, and 5 on June 12, 2017.

E. H, I, J, L, and M were transferred to the Plaintiff on August 18, 2018, and on September 2, 2018, K transferred to the Plaintiff the right to claim the return of the forced portion of inheritance on each real estate listed in its separate sheet, and entrusted the Plaintiff with the right to notify the transfer.

F. On September 19, 2018, the Plaintiff notified the Defendants of the assignment of claims by H, I, J, L, M, and K (hereinafter “H, etc.”), and the said notification reached the Defendants around that time.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number if there is a serial number), each fact inquiry result of this court's Kimcheon-market, the purport of the whole pleadings

2. Determination

A. The Korean Civil Act recognizes the system of legal reserve of inheritance and provides for the method of return of legal reserve of inheritance under Articles 1112 through 1118, but does not provide for the method of return of legal reserve of inheritance. However, it is a normal method to return the property subject to inheritance or testamentary gift itself. Thus, if the person with the right to legal reserve of inheritance claims the return of legal reserve of inheritance by the method of return of the original property and it is possible to return the original property, barring any special circumstance, the court shall order the person with the right to legal reserve of inheritance to return the original property by the method

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