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(영문) 대구지방법원 의성지원 2018.07.18 2017가단11287
유류분 반환
Text

1. On November 16, 2017, the Defendant’s share of 1/14 of each of the real estate listed in the separate sheet Nos. 1 through (8) to the Plaintiffs.

Reasons

1. Basic facts

A. Inheritance Relation 1) The Network E married with the network F, and gave the Plaintiffs, Defendant, G, H, and network I as their children. 2) The network F had already died before the E’s death, and the network I died on January 27, 2012 while her husband was established with his/her father.

3) As the network E dies on November 29, 2016, the Plaintiffs, Defendant G, H, H, and J inherited property of the network E respectively. B. The Defendant donated each of the instant real property from the network on January 4, 2008, each of the instant real property listed in attached Table 1-8 (hereinafter “each of the instant real property”).

(1) Upon the receipt of the gift, the Daegu District Court rendered the registration of ownership transfer with respect to each of the instant real estate in accordance with the receipt No. 439 on January 15, 2008, and completed the registration of ownership transfer with respect to each of the instant real estate. (2) 【No dispute over grounds for recognition, Party A’s No. 1 and 2, Party A’s evidence No. 4-1-8, the fact-finding results

2. Determination on the cause of the claim

A. The plaintiffs' statutory share of inheritance is 1/7, and the ratio of statutory share of inheritance is 1/14 (i.e., statutory share of inheritance 1/7 x 1/2). According to the above recognition, the plaintiffs violated their statutory share of inheritance due to the gift of each real estate of this case to the defendant of the deceased E.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on November 16, 2017, which was the delivery date of a copy of the complaint of this case with respect to shares 1/14 of each of the real estate of this case, to the plaintiffs.

B. Meanwhile, while the plaintiffs also claim the return of legal reserve of inheritance on the real estate stated in the attached list No. 9, according to Gap evidence No. 4-9, the above land is purchased from L on January 24, 2005 and sold to the defendant on January 4, 2008, and it cannot be deemed that the above land is the net E's inherited property. Thus, the plaintiffs' claim for this part is without merit.

3. Judgment on the defendant's assertion

A. The Defendant asserted for the payment of money, upon the Plaintiffs’ demand, paid the Plaintiff KRW 10 million to the Plaintiff, thereby returning the entire shares of the Plaintiffs.

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