logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.01.14 2015가단16138
유류분 청구의 소
Text

1. As to the plaintiffs, Defendant C's share of 1/17 of each of the real estate listed in the separate sheet Nos. 1 to 3, respectively.

Reasons

1. The Plaintiff, Defendant D and E, networkF, and G are children of the deceased network H on December 3, 2013, as indicated in the separate sheet Nos. 1 to 3 and 5.

Defendant C is a child of E.

The deceased on April 2, 1995, and the deceased on April 2, 1995, there are wife I, children J and K as inheritor.

The network H donated the real estate listed in the attached list No. 1 to 3 to Defendant C, each of the real estate listed in the attached list No. 5 to Defendant D, and completed the procedure for ownership transfer registration accordingly.

The plaintiffs sought the return of the plaintiff's forced share of 1/17 of each of the above real estate due to the deceased H's above donation, while the plaintiff's forced share was infringed. The defendants did not dispute this.

Therefore, with respect to the plaintiffs' share of 1/17 of each of the real estate listed in the separate sheet Nos. 1 through 3, Defendant C shall be subject to the plaintiffs' claim as to each share of 1/17 of the real estate listed in the separate sheet No. 5 of this case.

There is a duty to implement the procedure for ownership transfer registration due to the return of legal reserve of inheritance.

2. On October 15, 1994, the registration of ownership transfer was made in the name of the deceased H on the ground of sale on October 15, 1994 with respect to the real estate listed in the separate sheet No. 4 of the claim for the real estate stated in the separate sheet No. 4 (hereinafter referred to as “instant real estate”), and on December 31, 2013, the registration of ownership transfer was made on the ground of legacy on November 18, 2013.

(A4-3) Although the Plaintiffs asserted that the legacy is null and void (the cause of the claim as to the principal claim), there is no evidence to acknowledge it.

The plaintiffs asserted that legal reserve of inheritance was infringed upon due to the above legacy.

(A) Defendant C’s assertion that the instant real estate was held in title trust with the deceased H after the mother L was purchased from M on August 10, 1994, and that it was not inherited property.

A3 According to the purport of the entire pleadings, the instant real estate was purchased from M and held in title trust with the network H.

arrow