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(영문) 대전지방법원논산지원 2017.12.07 2016가단21080
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. G (hereinafter “the deceased”) and H (the deceased on August 5, 201, on May 25, 1990) had seven South Koreas of I, C, the Plaintiffs, Defendant D, J, and Defendant E in the order of birth date between H (the deceased on May 25, 1990) and Defendant C’s children. Defendant F is Defendant C’s children.

B. The deceased, prior to his birth, indicated each real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”), in the same manner as “the instant real estate”, and included each real estate listed in the separate sheet, and owned 1,701 square meters prior to K at the Y at the time of discussion. However, the deceased accepted the registration of ownership transfer on April 23, 2004 as the receipt of the above K land and each real estate of this case 1 through 4 by the court No. 9927 of April 23, 2004, which was made on April 12, 2004 with the court No. 9929 of April 23, 2004, to Defendant D received the registration of ownership transfer on April 12, 2004 with the court No. 9929 of April 14, 2004, and each of the instant real estate was received on April 29, 2004 to Defendant E on April 29, 2004.

C. As to the above K land, on December 22, 2006, the deceased cancelled the registration of transfer under the name of Defendant C, and on December 28, 2006, the registration of transfer of ownership was completed on December 27, 2006 to Plaintiff B on December 28, 2006.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiffs' assertion was that the deceased donated each of the instant real estate to the defendants before their birth, and that the plaintiffs infringed on the legal reserve of inheritance, so the defendants are obligated to return the legal reserve of inheritance to the plaintiffs according to the ratio of excess amount.

B. Summary of the Defendants’ assertion

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