(영문) 광주지방법원목포지원 2016.07.20 2015가단51270

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원목포지원 2016.07.20 2015가단51270

유류분반환

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. On May 28, 1960, the plaintiffs' alleged E (hereinafter "the deceased") married with the deceased F (the deceased on May 28, 1980) and led their children G, A, H, and B, respectively. On June 25, 1981, the defendant C and I were remarriedd with the defendant C, and died on January 9, 2015, after they divorced with the defendant C.

On April 18, 200, the Deceased purchased respectively from J to complete the registration of ownership transfer in the name of Defendant C. On October 17, 2000, the Deceased purchased K site and its ground house (hereinafter “K real estate”) from L, and completed the registration of ownership transfer in the name of Defendant C. On June 9, 2015, Defendant C sold K real estate in KRW 230,000,000 to Defendant C.

In addition, the Deceased donated the amount equivalent to KRW 95,00,000 to Defendant D, and Defendant D purchased the instant real estate on September 7, 2007 and completed the registration of ownership transfer in its name.

In light of this, Defendant C received the gift from the deceased respectively, and the deceased and Defendant C knew at the time of the above donation that they would inflict damages on the Plaintiffs, who were entitled to legal reserve of inheritance, and Defendant D was one of the co-inheritors of the deceased, and the deceased did not bear any specific obligation at the time of the death.

Therefore, as stated in the purport of the claim, the Defendants are obligated to implement the procedure for ownership transfer registration based on the preservation of the legal reserve on the date of delivery of the copy of the complaint of this case with respect to 7/84 of each of the real estate of this case to the Plaintiffs who are entitled to legal reserve of inheritance. In addition, Defendant C is obligated to pay to the Plaintiffs the value return, which is equivalent to the Plaintiffs’ legal reserve of inheritance of KRW 230,000,000,000,000 (=230,000,000 x 7/84) and damages for delay.

2. The evidence submitted by the Plaintiffs alone is that the Deceased’s 1 to 3 real estate and K.

유사 판례

-서울동부지방법원 2019.11.12 2018가단104925

-인천지방법원 부천지원 2018.05.31 2017가단113442

-대전지방법원논산지원 2017.12.07 2016가단21080

-수원지방법원 성남지원 2018.05.15 2017가합401532

-서울중앙지방법원 2020.10.29 2019가합500975