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(영문) 대전지방법원홍성지원 2017.06.20 2016가단2383
유류분반환청구
Text

1. The Defendant’s payment of KRW 99,371,732 to Plaintiff A, KRW 49,685,866 to Plaintiff B, and each of the said money from August 23, 2016.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on October 9, 2015, and his heir E, children, the Plaintiffs, and the Defendant, F, G, and H, who are their wife.

B. On November 8, 2012, the deceased transferred the right to claim the return of the forced portion of the real estate owned by the deceased on November 25, 2012, as to each of the instant real estate indicated in the list 1 through 7, and 9, to the Daejeon District Court Budget Office of the budget on November 8, 2012, and as to each of the instant real estate listed in the list 8, the Defendant issued a registration of transfer on the ground of “the donation dated October 29, 2012,” respectively, under the receipt of No. 25853 of the same registry office on November 8, 2012.

E. At the time of the deceased’s death, there was no particular active and small property for the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 8, 10, 11, and 12 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. Article 108 of the Civil Act, which applies mutatis mutandis by Article 11118 of the Civil Act, provides that, in cases where there is a person among co-inheritors who received a gift or testamentary gift of an inheritee, if the given property does not reach his/her own share of inheritance, the said shortage of property exists to the extent of that portion.

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