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Reasons
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(영문) 전주지방법원 2019.02.13 2016가단7403
유류분반환
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. G (hereinafter “the deceased”) died on January 7, 2016, and his heir was the Plaintiffs, Defendant F, H, and I, who are the spouse of Defendant E and their children, and the J is the spouse of Defendant F.

B. On August 1, 2008, with respect to each of the real estate listed in the separate sheet 1 through 3 (hereinafter “real estate of this case”) owned by the deceased, the ownership transfer registration based on donation was completed in the name of Defendant E on October 29, 2015 with respect to the real estate listed in the separate sheet 4 (hereinafter “the real estate of this case”).

C. On March 3, 2016, the deceased’s heir, as indicated in the [Attachment 5] List No. 900 million won (hereinafter “instant five real estate”) at the market price of the deceased on March 3, 2016, and the deceased’s claim 1100 million won against the deceased’s I, shall be transferred equally to the Plaintiffs, H, and I. However, in consideration of the Plaintiff’s personal situation, the registration of the instant five real estate shall be jointly owned by the Plaintiff, H, C, Plaintiff C, Plaintiff D, and I with 1/5 shares in each of the instant five real estate under the name of Plaintiff B, H, C, Plaintiff C, Plaintiff D, and I, and accordingly, the registration of ownership transfer was completed on March 4, 2016.

On December 5, 2015, the Deceased donated 10 million won each to the Plaintiffs, Defendant F, H, and I, respectively, around December 5, 2015.

E. Meanwhile, the market price of the instant real estate 1 is KRW 13,209,00, and the market price of the instant 2 and 3 real estate is KRW 442,113,00, and the market price of the instant 4 real estate is KRW 387,96,00.

[Ground of recognition] Facts without dispute, Gap's evidence 1, 2, Gap's evidence 1, Eul's evidence 3 and 5's evidence 1, Eul's evidence 2 and 3, the market price appraisal result of this court appraiser K, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiffs’ donation to the Defendants asserted by the Plaintiffs infringed on the Plaintiffs’ legal reserve of inheritance, the Defendants were the Defendants.

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