logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.10.11 2018나20149
유류분반환청구소송
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall set out paragraphs (1), (3) through (7) of the attached list to the plaintiff.

Reasons

1. Basic facts

A. On June 24, 1951, E (PP) married with F on June 24, 1951, five children, including H, Plaintiff, G, the first instance court co-Plaintiff B, and C, were married.

B. On October 4, 2007, E completed the registration of transfer of ownership on the real estate stated in Section 1 of the annexed Table No. 1 on October 2, 2007 to the Defendant, who is H H’s arch, due to the donation on October 2, 2007, and completed the registration of transfer of ownership on October 1, 2007 with respect to each real estate listed in the annexed list Nos. 3 through 7 on October 1, 2007.

C. In addition, on May 9, 2016, E completed the registration of ownership transfer based on the gift on May 2, 2016, with respect to the real estate stated in paragraph 2 of the attached list to the Defendant.

E was killed on June 2, 2016, and there was no active property or inheritance obligation other than each real estate listed in the separate sheet from the time of the donation to the time of the death.

And there is no special benefit from E.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and 3-1, 2, and 3-1, 4-1, 2, and 4-1, 7, 5-6 of the evidence Nos. 1, 2, and 5-1, 6, each entry of Eul Nos. 1, 2, and 3, the first instance court's NH Nonghyup Bank, Postal Information Center, and Fisheries Cooperatives' each order to submit financial transaction information, the whole purport of the pleadings

2. Summary of the parties' arguments

A. Each real estate in the separate list of the causes for the plaintiff's claim is included in the basic property in the calculation of legal reserve of inheritance as they were either donated by E within one year prior to the commencement of inheritance or with the knowledge that both parties who made a donation would inflict damage on the persons entitled to legal reserve of inheritance, and each of the above donations infringed upon the plaintiff'

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to 1/13 shares of each of the real estate listed in the separate sheet to the plaintiff.

B. Each real estate listed in paragraphs 1, 3, and 7 of the attached list of the defendant's assertion was donated by E in 2007, nine years prior to the commencement of inheritance, which is led by E.

arrow