logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.10.25 2016가단41567
유류분반환 청구의 소
Text

1. The defendant shall return the legal reserve of inheritance with respect to each of the real estate listed in the separate sheet to the plaintiffs.

Reasons

1. (i) The following facts are not in dispute between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence 1 through Gap evidence 5 (including each number):

① The Plaintiffs and the Defendant are the children of Non-Party GF, and the above F died on February 22, 2016, and their inheritors are the Plaintiffs, the Defendants, H (I) and J, etc., who are the children of Non-Party G and the deceased F, the deceased’s spouse of the networkF.

② On May 9, 2014, the NetworkF donated each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant, one of the successors, and completed the registration of ownership transfer on June 10, 2014.

The net F is the sole property of each real estate of this case, and there is no positive property and small property.

③ At the time of the death of the deceased F, the first heir is seven spouse G and children, and G’s statutory inheritance portion is 3/17, the remaining children are 2/17, and the Plaintiffs’ legal reserve of inheritance is 1/17, respectively.

④ On October 17, 2014, the Defendant completed the registration of ownership transfer based on donation with respect to the land of Pyeongtaek-si, K 3,658 square meters (hereinafter “real estate 1 of this case”) among each of the instant real estate, and completed the registration of establishment of a neighboring agricultural cooperative with the maximum debt amount of KRW 39 million as a creditor (an increase in the amount of KRW 50 million on March 26, 2015) on October 17, 2014.

Nevertheless, the plaintiffs, who are entitled to legal reserve of inheritance, are seeking the return of legal reserve of inheritance due to the return of original properties.

According to the above facts, the defendant is obligated to implement each procedure for the transfer of ownership on the ground of the return of the legal reserve of inheritance with respect to each of the 1/17 shares of each of the instant real estate to the plaintiffs.

Sheet Defendant should take into account the contributory portion of the Defendant’s supporter in calculating the legal reserve of inheritance, who has already supported the net F in his life, has taken into account the contributory portion.

arrow