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(영문) 인천지방법원 2017.07.12 2016가단28407
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The F died on February 10, 2016, and the Plaintiffs and the Defendant, each of whom were their children, jointly succeeded to the shares of 2/13 and 3/13 of G, their wife.

B. On March 3, 2016, the Defendant completed the registration of ownership transfer in the Defendant’s future on the ground of testamentary gift on February 10, 2016 as to the real estate listed in the [Attachment 1] List, which was owned by F (hereinafter “instant real estate”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs' assertion 1) since the defendant's forced inheritance was infringed upon the plaintiffs' forced inheritance by receiving the gift of this case from F, the defendant is obligated to implement the procedure for the registration of transfer of ownership based on the return of the plaintiffs' forced inheritance portion among the real estate of this case to the plaintiffs. 2) In light of the defendant's claim's special profits from the right to use the store, the defendant cannot be deemed to have infringed the plaintiffs' forced inheritance by receiving the gift of this case from F.

B. 1) The recognition of the scope of property, which serves as the basis for calculating the legal reserve of inheritance, 1) 4 underground shopping mallss, including (18), 82 (New 19), 80 (New 82), and 81 (New 83) of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City (hereinafter “instant underground shopping mallss”).

The right to use a store (Lease B, special Nos. 18 and 82) was held in F’s name, 80 and 81 respectively in G’s name.

② around 2011, F donated the Plaintiff B the right to use the store under subparagraph 18, the right to use the store under subparagraph 82 to the Plaintiff around 201, the right to use the store under subparagraph 82, the right to use the store under subparagraph 80 to the Plaintiff D around 2012, and the right to use the store under subparagraph 81 to the Plaintiff C around 2012.

The market price at the time of February 10, 2016 is 60,000,000 won, respectively, for the right to use a store under the ground of this case, Nos. 18, 82, 80, and 81, respectively.

③ Market value of the instant real estate bequeathed by the Defendant as of February 10, 2016 is KRW 498,00,000.

F. F. ....

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