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(영문) 수원지방법원평택지원 2020.06.09 2019가단61043
유류분반환청구등
Text

1. The Defendants are entitled to legal reserve of inheritance on October 3, 2019 with respect to each of the real estates listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of D, and the Defendants, E, and F are children of the Plaintiff and D, and D died on March 7, 2018.

(hereinafter referred to as “D”). (b)

The Deceased bequeathed to the Defendants and E each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and the real estate-based building listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”). The Defendants completed the registration of ownership transfer on March 7, 2018 with respect to each of the instant real estate on February 14, 2019.

C. As the heir of the deceased, the Plaintiff’s shares in inheritance are 3/11, 3/22, and the Defendants’ shares in inheritance are 2/11, and the Defendants’ shares in inheritance are 2/22, respectively.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including a branch number in the case of additional number), the result of the commission of document delivery to the competent court of the Suwon District Court for the case, the purport of the whole pleadings

2. Judgment on the claim for restitution of forced portions

A. There is no dispute between the parties to the judgment as to the cause of the claim, or according to the overall purport of the evidence and the argument as seen earlier, the property, which serves as the basis for calculating the legal reserve of inheritance, is only the instant real estate and buildings, and the Plaintiff’s shortage of legal reserve of inheritance is also 3/22 shares (legal reserve of inheritance) in each of the instant real estate and buildings. Thus, upon the Plaintiff’s request, the Defendants are liable to implement the registration procedure for transfer of ownership on the ground of the return of legal reserve of inheritance of October 3, 2019, which is the last delivery date of a copy of the complaint of this case concerning each of the instant real estate.

B. As to the defendants' assertion, the plaintiff knew of the deceased's testamentary gift of each of the instant real estate to the defendants at the time of the death of the deceased or immediately after the death of the deceased, the plaintiff's right to claim the return of the legal reserve against the defendants has expired.

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