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(영문) 인천지방법원 2018.08.24 2016가단48050
유류분
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The network G married with the Plaintiff and placed Plaintiff B, C, D, E, and network H as its child.

The deceased on February 8, 2013, and the Defendant is the spouse of the deceased H.

And the net G died on June 22, 2016.

B. On June 23, 199, the network H completed the registration of ownership transfer based on sale and purchase as of the real estate listed in the separate sheet (hereinafter “instant real estate”) on May 24, 199, and thereafter the network H died, the Defendant completed the registration of ownership transfer based on inheritance by agreement and division as of February 8, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-3-1, Gap evidence 4-1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that “The deceased G acquired the instant real estate and donated it to the deceased H by way of completing the registration of ownership transfer in the deceased H’s name,” and claimed that the instant real estate constitutes property that serves as the basis for calculating legal reserve of inheritance.”

Since then July 5, 2018, this case’s real property constitutes inherited property, as it purchased with money sold by the deceased G to sell an I apartment already owned, and registered in title with the deceased H, as it constitutes inherited property.

(H) or (2) The instant real estate was donated to the deceased H on the condition that the Plaintiff support the deceased G and the Plaintiff, and as long as the Defendant, the deceased H’s spouse, did not gather the Plaintiff A, the instant real estate was revoked, and thus, the instant real estate was inherited.

(Preliminary Claim) asserted that the instant real estate constitutes inherited property, and argued that it constitutes inherited property.

(However, it did not modify the purport of the claim separately). Accordingly, we will examine all of the plaintiff's claims.

B. (i) A person registered as an owner of real estate shall own the ownership in accordance with due process and cause.

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