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(영문) 서울동부지방법원 2018.08.10 2017가단125048
유류분반환
Text

1. The plaintiffs' primary claims are dismissed.

2.(a)

Defendant D shall hold 3/7 shares in the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) married with H and has four children, such as I, J, K, and L.

B. The Deceased died on December 25, 2016, and the deceased died on January 11, 1999, and L died on September 19, 2006.

On the other hand, J, the second child of the deceased, died on May 2017 after the death of the deceased.

C. On September 6, 2004, the deceased, on September 6, 2004, drafted a testamentary document stating that the real estate listed in the separate sheet (hereinafter “the apartment of this case”) shall be bequeathed to J as the law firm No. 1482 of the No. 2004.

After that, on February 10, 2017, the registration of ownership transfer was completed in the name of J as to the apartment of this case as the deceased died.

The J died in May 2017 and jointly succeeded to the property of Defendant D and F, his spouse, Defendant E and F.

E. Plaintiff A is the deceased’s spouse, and Plaintiff B and C are children of the deceased I.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2-1, 2, 3, Gap evidence 3, Eul evidence 4-1, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) since the plaintiff's assertion was in violation of the legal reserve of inheritance of the plaintiffs by donating the apartment of this case, which is the only property of the deceased before his birth, to the J, the defendants, the co-inheritors of J, around their own, shall return the plaintiff's legal reserve of inheritance amount of KRW 47,142,857 ( KRW 1,210,00,000 x 3/77), respectively, 31,428,571 ( KRW 1,210,00,000 x 2/77 x 2/77) (the legal reserve of inheritance amount of KRW 1,210,000 x 2/77) from among the inheritance shares of the defendants with respect to the plaintiff's legal reserve of inheritance of this case among the inheritance shares of each of the defendants with respect to the plaintiff's legal reserve of inheritance of this case.

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