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(영문) 인천지방법원 부천지원 2017.02.08 2015가단112704
유류분반환 청구
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. D was married to and under the chain with Plaintiff A, Plaintiff B, and F, G, and H were children, and D died on August 22, 2013, and E on October 20, 2014.

B. The Defendant is F’s wife, and D completed the registration of ownership transfer for each of the following land (hereinafter “each of the instant land”) to the Defendant on March 8, 2001 on the ground of donation.

In Jung-gu, Incheon, I 58 m241 m23 m23 m23 m23 m27 m27 m200 m220 m220 m200 m220 m238 m20 m200 m200

C. D on May 25, 2005, completed the registration of ownership transfer on the basis of donation with respect to the land of 1,046 square meters of Jung-gu Incheon Jung-gu P forest. D.

The plaintiffs asserted against G, H, and F that the Incheon Family Court 2015Dhap1007 filed a claim for the division of inherited property with G, H, and F, and that each of the instant lands should also be deemed as F’s special benefits, but the said court did not accept the above assertion.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1 to 3, Eul evidence 2 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion each land in this case and D's total value of 1,046 square meters of P tree 1,303,663,300 won is 1,300 won, and 1,436,350,300 won plus 132,687,000, G's custody as inherited property is the property that serves as the basis for calculating the legal reserve of inheritance. Since the plaintiffs' legal reserve of inheritance was infringed upon due to D's donation to the defendant, the defendant has a duty to pay shortage in the legal reserve of inheritance of the plaintiffs. However, as to each land listed in the attached list, which is the property that can be returned, the defendant who is not a co-inheritors, is obligated to complete the registration procedure for transfer of ownership of 1/10 shares, each of the plaintiffs' legal reserve of inheritance of each of the land in this case as donated property.

B. Determination 1 of the shortage of legal reserve of inheritance

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