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(영문) 제주지방법원 2020.05.18 2019가단50306
유류분반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

Basic Facts

E Deceased on December 24, 2013, the spouse F succeeded to 3/15 shares of E’s property, and the remainder was succeeded to 2/15 shares of the Plaintiff, the Defendants, G, and H, respectively.

Attached Form

On July 3, 1976, the registration of transfer of ownership was completed on the land listed in the attached list No. 1 of the status of change of ownership of each land listed in the list, under the name of Defendant B on February 5, 1976.

Attached Form

The land listed in paragraph (2) of the list and the buildings listed in paragraph (3) of the same list are the first E ownership transfer registration under the E name. On October 13, 1998, the registration of ownership transfer was completed on September 25, 1998 under the name of Defendant B.

Attached Form

As for the land stated in paragraph 4 of the list, the registration of ownership transfer has been completed in the name of E, but on April 16, 2002, the registration of ownership transfer was completed in the name of the defendant C due to the donation on the same day.

Defendant C completed the registration of ownership preservation on March 21, 2008 with respect to the above land and the building listed in Section 5 of the attached list I on the ground of Jeju City.

Attached Form

The land listed in paragraph 6 of the list and the buildings listed in Paragraph 7 of the attached list in Section 7 of the J of Jeju City, which were originally registered as preservation of ownership or ownership transfer in the name of E, and the registration of ownership transfer was completed on February 19, 2013 in the name of Defendant D on February 18, 2013.

In addition, the property of E remains 3,99 square meters in K orchard in Jeju.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional numbers), and the plaintiff's summary of the argument as to the whole purport of the pleading, E donated the defendants with property corresponding to the defendants prior to their birth.

As a result, since the plaintiff's legal reserve of inheritance was infringed, the defendants are obligated to pay the plaintiff the amount of money equivalent to the plaintiff's shortage.

Judgment

Article 1113 (1) of the Civil Code provides that the method of calculating shortage in judgment on the plaintiff's claim shall be the time of the commencement of inheritance of the inheritee.

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