logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.11.04 2016가합100732
유류분반환
Text

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

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

Reasons

1. Basic facts

A. The relevant network I (Death on May 20, 201) of the Parties married with the Plaintiff A and had the network J, Plaintiff B, C, D, and E as his child, and among them, the networkJ married with the Defendant F, thereby having Defendant G and H as his child.

B. The registration of ownership transfer was completed on February 27, 2003 with respect to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that was owned by the network I for the transfer registration of ownership on the ground of donation as the Suwon District Court Registry of Dongwon District on February 27, 2003 (No. 24131).

(hereinafter “instant transfer registration”). C.

As the inheritance networkJ of each of the instant real estate died on February 22, 2016, Defendant F, his spouse, inherited 3/7 shares, Defendant G, and H inherited 2/7 shares, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiffs' assertion I forced the deceased J to deliver each of the instant real estate under its own name, and placed the name in trust in the future of the deceased J, while the deceased I and the plaintiff A, his spouse, possessed a certificate of registration, and have cultivated and managed each of the instant real estate.

Since the above title trust agreement is null and void by the Act on the Registration of Real Estate under Actual Titleholder’s Name, the ownership transfer registration of this case, which took place accordingly, shall be cancelled.

On the other hand, following the death of the deceased I, the plaintiff A inherited the shares of 3/13, the plaintiff B, C, D, and E 2/13, and the defendants, the heir of the deceased J, currently own each of the real estate of this case according to the inheritance shares. As to the shares of 9/91, the defendant F, as to the shares of 9/91 to the plaintiff A, the plaintiff B, C, D, and E, the defendant G, and H, are obligated to perform the procedure for the cancellation registration of each of the shares transfer registration of this case to each plaintiff A with respect to shares of 6/91, shares of 91, shares of 9/6, 2, 3, D, and 4/91.

3.

arrow