(영문) 청주지방법원 2014.10.01 2014가합1437

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(영문) 청주지방법원 2014.10.01 2014가합1437

유류분반환

Text

1. The Defendant’s legal reserve of inheritance on June 11, 2014 with respect to each of the real estates listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are children of net F (Death on November 24, 2013) and net G (Death on January 11, 2014).

B. The net F completed the registration of ownership transfer on December 19, 1975 due to sale and purchase on December 22, 1975, and on November 6, 199, the Defendant completed the registration of ownership transfer on October 30, 199.

C. The net F completed the registration of ownership transfer on March 25, 1976 due to sale on March 23, 1976, and on June 23, 201, the Defendant completed the registration of ownership transfer on the grounds of the same day donation.

Attached Form

In addition to each real estate listed in the list (hereinafter collectively referred to as the “instant real estate”), there is no active and negative property of the network F and the network G.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4-1 through 4, Eul evidence 8-2, and Eul evidence 8-4, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the plaintiffs' assertion 1) The plaintiffs asserted that since the real estate of this case, which was donated to the defendant by the deceased F before the birth, is the property that serves as the basis for calculating the legal reserve of inheritance, and all of the real estate of this case belongs to the defendant, the defendant must return each of the plaintiffs' legal reserve of inheritance. The defendant's assertion 2) The defendant asserted that since the real estate of this case was transferred to the deceased F by purchasing the money with the defendant's wife H's mother and completing the registration of transfer of ownership under the name of the deceased F, the plaintiff's claim for the return of legal reserve of inheritance on the premise that the real estate of this case is a property that serves as the basis for calculating

B. Whether the pertinent real estate is a property that serves as the basis for calculating the legal reserve of inheritance, and the registration of transfer of ownership was completed in the name of the deceased F. Therefore, the gift is attributable to the Defendant.

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