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(영문) 광주지방법원목포지원 2020.02.14 2018가단55013
유류분청구의소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. (1) The deceased on July 16, 2016 (hereinafter “the deceased”)’s status as the parties (i) the deceased, and the heir of K and children, the Plaintiffs, Defendant E, L, and M.

(2) Defendant F is Defendant E’s wife, and Defendant G, H, and I are children of Defendant E.

B. On July 6, 2017, the Deceased’s gift to the Defendants was completed on the part of the Defendant E, the Republic of Korea, on the part of July 6, 2017, with respect to each real estate listed in the separate sheet Nos. 1 through 4, each real estate listed in the separate sheet Nos. 5 and 6 was owned by N, and on September 6, 2016, the transfer of ownership was completed on the part of the Defendant E’s inheritance.

With respect to each real estate listed in the separate sheet No. 2 list to Defendant F, as to each real estate listed in the separate sheet No. 3, Defendant G completed the registration of ownership transfer on July 1, 2017 with respect to each real estate listed in the separate sheet No. 4 to Defendant H, as to each real estate listed in the separate sheet No. 5. 5.

(hereinafter referred to as “each of the instant real estates” in the separate sheet Nos. 1 through 5.

On August 3, 2016, the deceased’s heir’s agreement on the division of inherited property and the deceased’s heir, including Defendant E, agreed on the division of inherited property on August 3, 2016 (hereinafter “instant division agreement”). Accordingly, on September 6, 2016, the registration of ownership transfer in the name of K was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that they received donations from the deceased, thereby infringing on the Plaintiffs’ legal reserve of inheritance, which are co-inheritors.

Therefore, the defendants must return the legal reserve of inheritance infringed upon by the plaintiffs to the plaintiffs.

B. The Defendants’ assertion that the deceased died on or around July 16, 2016, or the instant case.

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