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(영문) 대전지방법원천안지원 2016.10.12 2015가단17940
유류분반환
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. C around May 7, 1958, he married with D and placed the Defendant, Plaintiff, and E as his child.

E married with F on December 30, 1997, G and H were born on April 12, 2012.

B. On May 14, 2010, C drafted a notarial deed stating that all of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) shall be bequeathed to the Defendant in the presence of witness I, J, and an attorney-at-law affiliated with the said law firm as witness I, K, and K, under the presence of a law firm mission of 2020.

C. C died on August 10, 2013, and the statutory inheritance portion is D3/9, the Defendant and the Plaintiff, respectively, and F6/63, G, and H 4/63, respectively.

The Defendant completed the registration of ownership transfer on November 20, 2013 on the instant real estate by reason of legacy dated August 10, 2013.

E. Around April 8, 2015, F, G, and H filed a lawsuit against the Defendant on the claim for ownership transfer registration against shares of 3/63 shares in each of the instant real estate, G, and H, each of 2/63 shares, on the ground that they were returned as a legal reserve of inheritance.

On July 16, 2015, this Court held that the Defendant would pay F 38 million won to F by October 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1 (including each number; hereinafter the same shall apply), witness I, witness I, and J's testimony and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion C was in the state of mental and physical disorder, which could not be separated at all at the time of the legacy of this case.

The defendant prepared the Notarial Deed using the defective condition of C and completed the registration of ownership transfer with respect to each real estate of this case.

This is an act of infringing the plaintiff's inheritance rights, which is the co-inheritors, and the plaintiff is a claim for inheritance recovery, and 2/9 shares of each real estate of this case.

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