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(영문) 서울고등법원 2018.09.06 2017나2044627
유류분반환청구
Text

1. The judgment of the first instance on the principal lawsuit shall be modified as follows. A.

Defendant D, the Plaintiff (half of the intermediate confirmation Defendant).

Reasons

1. Basic facts

A. 1) The Plaintiffs are deceased on January 22, 2016, and the deceased on January 22, 2016 (hereinafter “the deceased”).

(B) On August 5, 1970, after marriage with the deceased and X (the deceased on August 5, 1970), divorced on July 31, 1976

2) The Defendants were born between the deceased and the deceased (the deceased and the deceased on July 1, 1985, but died on January 28, 2008).

B. On January 7, 2016, the Deceased’s testamentary gift to Defendant E drafted a testamentary book stating that “The Deceased shall grant to Defendant E all remaining property, such as one ton of cargo trucks used by the Deceased for farming, one SOL SOL soft, all farming equipment, all cars (coos), and remaining financial assets” (hereinafter “instant testamentary book”).

(hereinafter “instant legacy”). C.

(1) On January 7, 2016, the Deceased’s gift to the Defendants (hereinafter “instant apartment”) No. 105-dong 605 (hereinafter “instant apartment”).

(2) On January 22, 2016, the deceased donated the deceased’s 1/2 share of the above apartment 1/2 to Defendant D, and accordingly, the registration of ownership transfer was completed on the same day. (2) On January 22, 2016, the deceased transferred the deceased’s 1/2 share of the above apartment 1/2 to Defendant E on January 2, 2016 (the date of his death) ① 610 square meters owned by the deceased, ② 103.6 square meters on the first floor, ③ 18 square meters on the above I branch, ④ 192 square meters on the above I branch, ④ 3,850 square meters on the above J branch, ⑤ 3,850 square meters on the above I branch, and accordingly, the registration of ownership transfer was completed on February 3, 2016.

3) In addition to the donation of the above real estate to the Defendants, the Deceased donated money, claims, etc. as seen in the following Paragraph 3. 【The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1 through 9, and No. 3, and the purport of the entire pleadings

2. The summary of the plaintiffs' claims is that the plaintiffs' legal reserve of inheritance was infringed upon due to the legacy and gifts of the deceased against the defendants, and the defendants are testamentary gifts.

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