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(영문) 대구지방법원상주지원 2014.09.17 2014가단405
유류분반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiffs are part of the G (the birth in 1930, the death on February 12, 2013) and 6 South and North her mother’s H (the death on September 14, 2006)’s her father’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother, who is the head of the G and the her networks

The plaintiffs' statutory shares in inheritance in the net G property are one-seven shares, respectively.

B. The net G completed the registration of ownership transfer under the name of the Defendant on May 30, 2008, on the ground of donation from October 1, 1994 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

[Ground for recognition] Unsatisfy

2. Determination on the main claim

A. The actual date when the plaintiffs' assertion G donated the real estate of this case to the defendant is around May 30, 2008, the time of transfer of ownership.

At the time, the net G had no particular property other than the instant real property, and there was no possibility of increasing the future property due to the age of 78 years.

Therefore, both parties know that the above donation would inflict damages on the person entitled to legal reserve of inheritance. Thus, it is possible to claim the recovery of legal reserve of inheritance even if one year prior to the commencement of inheritance. Thus, the defendant is liable to implement the procedure for the registration of ownership transfer for each share of 1/14 of the instant real estate to the plaintiffs who are the deceased G co-inheritors.

B. As a matter of principle, a donation to a third party, who is not a co-inheritors, may be claimed for the recovery of legal reserve of inheritance only for one year prior to the commencement of the inheritance. However, when both parties knew that damage would be inflicted on the person entitled to legal reserve of inheritance at the time of the donation, a claim for recovery of legal reserve of inheritance is allowed even for one year prior to the commencement of the inheritance.

When the lineal descendants with 1/2 of the statutory inheritance at the time of donation are expected to be the co-inheritors, the third party will be entitled to the legal reserve of inheritance.

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