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(영문) 울산지방법원 2017.12.15 2017가단64769
유류분반환청구소송
Text

1. The defendant is dated June 15, 2017 with respect to each share of 1/13 among the real estate listed in attached Table 2 of the list to the plaintiffs.

Reasons

1. Basic facts

A. The network E (hereinafter “the deceased”) married with F, had the Plaintiffs, G, and H as their children, and died on June 2, 2016.

B. On October 2, 2007, the Deceased completed the registration of transfer of ownership as of October 1, 2007, each of the above support on the real estate stated in paragraph (1) of the Attached List No. 7810 of the Daegu District Court Branch Branch of the Daegu District Court on October 4, 2007, on the ground of donation on October 2, 2007, and on the real estate listed in paragraphs 3 through 7 of the same List as of September 20, 2007, on the ground of donation on September 20, 2007.

C. Moreover, on May 2, 2016, the Deceased completed the registration of ownership transfer with No. 3886 of receipt on May 9, 2016, on the ground that the Defendant was donated on May 2, 2016.

Until the time of death, the property owned by the deceased was entirely owned by each real estate listed in the attached list, and the inheritor has no special profit from the deceased.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Although the real estate stated in [Attachment List Nos. 1 and 3 through 7 of the plaintiffs' assertion (hereinafter "the real estate in this case") was donated to the defendant around 2007, a year prior to the death of the deceased, although the defendant knew that the above donation would infringe on the legal reserve of inheritance of the plaintiffs, the real estate in this case shall also be included in the property which forms the basis of the calculation of legal reserve of inheritance.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership of 1/13 shares corresponding to the legal reserve of inheritance for all of the real estate listed in the separate sheet to the plaintiffs.

B. In principle, a gift to a third party, who is not a final co-inheritors, which serves as the basis for calculating the legal reserve of inheritance, shall be returned only when the donation was made for one year prior to the commencement of inheritance.

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