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(영문) 부산지방법원 2016.05.12 2015가단205228
유류비반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased G (H students, death on January 10, 2015, death on January 10, 2015, hereinafter “the deceased”) married with the deceased I (Death on December 4, 1968) in order of 1954 (J, K (Death on February 7, 1950), net L (Death on February 7, 1989), deceased M (Death without Marriage), Plaintiff B (Death in 1954), Plaintiff C (199 Students), and Plaintiff A (Death in 1961).

B. Defendant D is the wife of the network L, and Defendant E (1983) and F (1987) are children between Defendant E and Defendant D.

C. K purchased each real estate listed in the separate sheet on December 31, 1998 (hereinafter “each of the instant real estate”) and acquired ownership. D.

As to each of the above immovables, the registration of ownership transfer was completed on September 1, 2002 on the ground of the sale on the same date, and the registration of ownership transfer was completed on August 25, 2008 by 1/3 shares in each of the Defendants’ future.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 6 (including branch numbers if there is a number)

2. The parties' assertion

A. The plaintiffs asserted that they are the first-class co-inheritors of the deceased, together with the Defendants, who are successors to J, K, and deceased L.

However, the deceased donated each of the instant real estate to the Defendants, which is the only property of the deceased before his birth. Accordingly, the plaintiffs violated the legal reserve of inheritance (each of 1/12) under the Civil Act.

Therefore, the Defendants should return to the Plaintiffs the share amounting to the legal reserve of inheritance, such as the purport of the claim.

B. (1) The Defendants’ assertion (1) although K, the owner of each real estate of this case, intended to donate the deceased to the Defendants who supported the deceased, the Defendant E and F still had been the grandchildren of the deceased, and thus, the registration of ownership transfer was completed in the future of the deceased, and the said Defendants developed and completed the registration of ownership transfer by gift in the future of the Defendants, which is not the property that K donated to the Defendants, nor the inherited property of the deceased.

(2) It can be viewed as inherited property even if it is inherited property.

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