logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.07.11 2019가합8018
유류분반환청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship D related to the parties had F, C, the plaintiff and the defendant B married to E on December 20, 1956, with the children of F, C, the plaintiff and the defendant B.

E died on February 24, 2017 (hereinafter referred to as "the deceased"), and D died on January 1, 2018.

B. On January 25, 1988, D donated real estate gift to the Plaintiff of Gyeonggi-gun G, 933 square meters, 991 square meters in H miscellaneous land, 633 square meters in J, 1,725 square meters in J, K 1,371 square meters in lots, L 2,787 square meters in lots, 1,885 square meters in Gyeonggi-gun M Ma, Gyeonggi-gun, and 1,760 square meters in lots, and on January 27, 198, D completed the registration of ownership transfer with respect to each of the above land to the Plaintiff.

According to the statement in Gap evidence No. 5, it seems that Eul, in addition to the above land, purchased 1,864 square meters prior to the Gyeonggi-si Qua around October 23, 1990 and completed the registration of ownership transfer in the name of the plaintiff on October 25, 1990.

C. On January 10, 2003, the Deceased’s Real Estate Donation Deceased’s Real Estate Donation with the Defendants donated an O 1,934 square meters and P 4,769 square meters (hereinafter “instant land”) to the Defendants on January 13, 2003, and completed the registration of ownership transfer for each of the said land by one-half shares.

(1) On January 26, 2018, the Defendants filed a lawsuit against the Plaintiff for the claim of return of legal reserve of inheritance (2018Gahap8202) upon D’s death (hereinafter “related lawsuit”) in this court (hereinafter “related lawsuit”).

(2) On December 6, 2018, the Plaintiff asserted that the instant land should be included in the inherited property for the purpose of calculating the legal reserve of inheritance, and the market value of the instant land was assessed as KRW 2,483,358,000. (2) On December 6, 2018, the said court rendered a judgment to the effect that the instant land does not constitute the inherited property for the purpose of calculating the legal reserve of inheritance, and that “the Plaintiff paid the Defendants each of KRW 388,582,413 and delay damages therefrom.”

3) The Plaintiff lodged an appeal (Seoul High Court Decision 2018Na2075628) in the above judgment. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1, 2, 3, and 5 (which include each number, hereinafter the same shall apply).

2. Each entry and the purport of the whole pleadings.

arrow