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(영문) 창원지방법원 2019.06.13 2018나58414
유류분반환
Text

1. The plaintiff as to the defendant B, among the judgment of the court of first instance, who falls under the following order to perform additional obligations.

Reasons

1. Facts of recognition;

A. H married with I and placed the Plaintiff, J and the Defendants under its chain.

B. I died on November 4, 2010, and H died on December 19, 2015 (hereinafter “H”), the Plaintiff, the heir, and the Defendants’ share in inheritance are 1/6, respectively.

C. On May 11, 2016, the Defendants completed the registration of ownership transfer with respect to each of the real estate listed in paragraphs 1 and 2 of the Attached List Nos. 1 and 2 (hereinafter “each of the instant real estate”) in the deceased’s name on the ground of legacy on December 19, 2015, and Defendant B completed the registration of ownership transfer with respect to each of the respective shares of 3/6 shares, Defendant C, D, and E.

On the other hand, the deceased completed the registration of ownership transfer on the real estate he had owned before birth to the Defendants, F, and G, who are the grandchildren of the deceased, due to donation, and the details thereof are summarized as follows.

On December 1, 2015, on December 2, 2015, real estate listed in attached Table 1 (3) of the donee No. 1 as of the date of donation registration of property: F1/2 G1/2 as of December 2, 2015; and real estate listed in attached Table No. 6 of the attached Table No. 1/2 as of January 4, 2012; Defendant C1/2 as of January 10, 2012; Defendant C1/4 as of January 10, 2012; Defendant B4 as of January 4, 2012; Defendant B’s evidence No. 1 as of January 10, 2012; Defendant D’s evidence No. 5 as of January 10, 2012; Defendant B1 through 4; Defendant B’s evidence No. 1 as of August 21, 2014; and Defendant A’s evidence No. 1 to 21 as of August 21, 2014

2. The Defendants asserted that they were entitled to gift or testamentary gift from the Deceased, each of the real estate listed in the separate sheet, including the instant real estate, from the Deceased, and Defendant B and his wife were arbitrarily withdrawn and used KRW 98,621,424 of the deposit money owned by the Deceased.

Therefore, since there is a shortage in the plaintiff's legal reserve of inheritance, the defendants seek the return of originals, such as the purport of the claim, to the extent of the shortage.

3. Return of legal reserve of inheritance:

(a) Shortage in legal reserve of inheritance;

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