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(영문) 창원지방법원마산지원 2019.05.21 2019가단100236
유류분 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on July 22, 2013.

B. The deceased’s heir is the wife D, E, Defendant, F, and Plaintiff.

C. On March 17, 1997, the Deceased drafted a notarial deed to the Defendant, as the G Notaries Joint Office Certificate No. 1418, 1997, a notarial deed to the effect that each real estate listed in the separate list of real estate and another two lots will be bequeathed.

On September 25, 2002, the Deceased donated each real estate listed in Articles 7 through 9 of the List of Attached Real Estate to the Defendant, and the Defendant completed each registration of ownership transfer on the following day.

On May 24, 2018, the defendant completed the registration of ownership transfer based on the above legacy with respect to each real estate listed in paragraphs 1 through 6 of the attached list of real estate.

[Ground of recognition] The written evidence Nos. 1, 2, and 1 (including each number), and the purport of the whole pleadings

2. The plaintiff asserts that the defendant sought the return of shares corresponding to the legal reserve of inheritance on each real estate listed in the separate list of real estate, and that the defendant's extinctive prescription has expired.

On September 14, 2016, when examining the completion of extinctive prescription, the deceased’s overall purport of the pleadings as to each of the statements in Eul’s evidence Nos. 2 through 4 (including each number), it can be acknowledged that the deceased explained the purport of the notarial deed to the Plaintiff around 2007, and that on September 14, 2016, the plaintiff signed the written consent to the Defendant that each of the real estate listed in the list of real estate attached to the notarial deed is inherited according to the notarial deed.

Therefore, the Plaintiff, at least on September 14, 2016, knew that the deceased donated and bequeathed each real estate listed in the attached real estate list to the Defendant, along with the commencement of inheritance to which the deceased was the deceased’s decedent.

I would like to say.

Therefore, the Plaintiff’s right to legal reserve of inheritance terminated by prescription on September 15, 2017, and the instant lawsuit was filed on January 14, 2019.

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