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(영문) 대구지방법원 포항지원 2021.02.04 2020가단107177
유류분반환청구
Text

1. Defendant D shall be entitled to legal reserve of inheritance on November 5, 2020 with respect to each of 3/56 shares of each of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

The facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers) and the purport of the changed theory are as follows: ① The children of GH were the plaintiffs and I; ② H died on June 28, 2017; ② G died on October 26, 2020; ③ The heir died on April 3, 2020; ④ the heir was the defendant D, the child, and the EF, the spouse; ④ the heir donated each real estate listed in the separate sheet, which is the only property owned by him on December 11, 2009; ⑤ the registration of transfer of ownership was completed on the 16th of the same month; ⑤ the ownership of each of the above real estate was completed on the 3/7 share in the defendant D’s name; and the 2/7 share in each of the above real estate on April 3, 2020.

In other words, as long as the joint heir I received all the inheritance of the decedent G by donation, and thus, the plaintiffs' legal reserve of inheritance was infringed, the defendant D is obligated to perform the registration procedure for transfer of ownership on November 5, 2020 with respect to the share of 3/56 of each of the real estate listed in the attached list to the plaintiffs, the defendant E is obligated to pay to the plaintiffs 2/56 of each of the above real estate, and the defendant F is obligated to perform the registration procedure for transfer of ownership on November 5, 2020 with respect to the share of 2/56 of each of the above real estate.

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