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(영문) 춘천지방법원 2017.03.21 2016가단3693
유류분반환
Text

1. For the plaintiffs:

A. Defendant C shall list the shares of 1/15 of each real estate listed in the separate sheet Nos. 1 through 5 and the separate sheet.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) married with G and formed the Plaintiffs, Defendants, and H as their children, and died on November 11, 2015.

B. On December 7, 2009, the Deceased donated each real estate listed in the separate sheet Nos. 1 through 5 (hereinafter “Defendant C’s real estate”) owned by Defendant C (hereinafter “Defendant C’s real estate”) to Defendant C, and completed the registration of ownership transfer on the 17th of the same month.

C. Around February 22, 1999, the Deceased donated to Defendant D the real estate listed in Paragraph 6 of the attached Table No. 6 (hereinafter “Defendant D’s real estate”), his own ownership, and completed the registration of ownership transfer based on the same day.

On May 23, 2011, the Deceased donated each real estate listed in paragraphs 7 and 8 of the attached Table 7 (hereinafter “Defendant E’s real estate”) to Defendant E, and completed the registration of ownership transfer based on this, on October 30, 201. On October 26, 2011, the Deceased donated the Defendant E’s share of 9,755/26,285 among the real estate listed in paragraph 9 of the attached Table 9, and completed the registration of ownership transfer based on this.

E. On December 22, 2009, the Deceased donated each of 1/3 of the real estate listed in [Attachment List No. 10, his own possession, to the Defendants, and completed the registration of ownership transfer based on this reason on the 29th day of the same month.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiffs, among the inheritors, donated each real estate listed in the separate sheet, which is one’s own property, to the Defendants, and thus, the remaining inheritors infringed their legal reserve of inheritance.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer with respect to the portion of 1/15 (1/15) out of each real estate listed in the separate sheet to the Plaintiffs on the grounds of the return of the legal reserve of inheritance of this case

B. The Defendants’ assertion of the contributory portion by the Defendants are the deceased.

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