(영문) 서울서부지방법원 2019.11.28 2018나37585

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(영문) 서울서부지방법원 2019.11.28 2018나37585

유류분반환

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1. After remand, the plaintiffs' primary claims added by this court are dismissed.

2. Plaintiff A among the judgment of the first instance.

Reasons

1. Facts of recognition;

A. The deceased E (hereinafter “the deceased”) had four children between the deceased F (the husband’s death on September 4, 2015) and the deceased, the husband, who was four children. The Plaintiffs, the Defendant, and the deceased.

The deceased G died on November 19, 2001, before the deceased’s death. The spouse and lineal descendants are wife Q, children R, S, T, and U.

B. At the time of the deceased’s death on September 4, 2015, the instant real estate exists as property owned by the deceased, and there is no other active property or small property.

There is no dispute between the parties that has not been disclosed.

C. On May 30, 2013, the Deceased prepared a testamentary gift with the content of testamentary gift to the Defendant of the instant real estate, which was the previous death.

(hereinafter “instant legacy”). Accordingly, the Defendant completed the registration of ownership transfer on October 7, 2015, which was after the deceased’s death, based on legacy.

In addition, on October 21, 2015, the Defendant completed the registration of the establishment of a mortgage consisting of the debtor, the mortgagee, the H&D association, the maximum debt amount of KRW 480,000,000,000, and on October 29, 2015, the registration of the establishment of a mortgage consisting of the debtor, the defendant, the mortgagee, I, and the maximum debt amount of KRW 1,00,000.

On the other hand, each registration of ownership transfer or preservation registration was made in the name of the plaintiffs and their spouse K.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 14 to 19, and the purport of the whole pleadings

2. Judgment as to the main claim

A. On December 28, 2009, when the deceased died on December 28, 2009, the summary of the parties' arguments was prepared by the defendant 50% of the net property excluding taxes and public charges among the deceased's property, and the deceased confirmed that the deceased would bring about 25% of the plaintiffs. Accordingly, the defendant asserts that the defendant has a duty to complete the registration of ownership transfer for each of 1/4 of the real property of this case to the plaintiffs pursuant to the above letter, and that the defendant is the above letter.

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