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(영문) 창원지방법원통영지원 2019.02.21 2018가합10414
유류분반환청구의 소
Text

1. As to the Plaintiffs, Defendant G with respect to each of the real estates listed in the separate sheet 15,477,452/2,274,002,02,020 shares.

Reasons

1. Basic facts

A. On July 10, 1948, the deceased I married with the deceased J on July 10, 1948, set up Plaintiffs and Defendant G as their children.

Defendant H is the legal spouse of Defendant G.

B. The deceased I died on March 22, 2014, and the deceased J on November 27, 2016.

C. On October 12, 2012, the network I donated each real estate listed in the separate sheet to the Defendants, and the registration of ownership transfer was completed on October 17, 2012 by the Changwon District Court Soci District Court (Seoul District Court Decision 51692, Oct. 17, 2012).

On the other hand, Plaintiff A, D, E, and F completed the registration of transfer of ownership due to inheritance due to the agreement division made on January 6, 2015, the Changwon District Court (Seoul District Court Decision 927, which received on January 6, 2015, and March 22, 2014.

The Network J, Plaintiff A, B, D, E, and F filed an application for provisional injunction against disposal of real estate against the Defendants on February 9, 2015 with the Changwon District Court Heading 2015Kahap39, and the said court accepted the said application on February 9, 2015.

E. Plaintiff A, B, D, E, and F filed a lawsuit with the Changwon District Court for the return of legal reserve against the Defendants under the control of Changwon District Court Decision 2017Gahap137. On March 5, 2018, the conciliation was concluded on March 5, 2018 by the Defendants to implement each of the procedures for the registration of ownership transfer with respect to 1/10 shares of the Plaintiff A, B, D, E, and F, 450 square meters prior to L.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the defendants' main defense

A. On April 14, 2017, Plaintiff A, B, D, E, and F filed a lawsuit seeking the return of legal reserve of inheritance against the Defendants as the deceased I’s co-inheritors by the Changwon District Court’s common co-inheritors 2017Gahap137, and the conciliation was concluded on March 5, 2018.

However, the plaintiffs had already succeeded to the claim of forced inheritance against the Defendants of the deceased J at the time of death of the deceasedJ, and thus, they can be claimed together at the time of inheritance.

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