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(영문) 부산지방법원 2016.05.13 2015나42619
유류분반환
Text

1. Of the judgment of the first instance court, the part against Defendant F is revoked, and the plaintiffs' claims against Defendant F are dismissed.

Reasons

1. Facts of recognition;

A. The relationship 1) The parties’ relationship 1) the net G (hereinafter “the network”).

On February 4, 1952, H had married with H on February 4, 1952, the Plaintiffs and the deceased I (Death on January 6, 2012), the deceased J (Death on January 9, 2002), and the deceased K (Death on December 3, 2001) died on December 7, 1994, and thereafter the deceased re-born with Defendant F on August 7, 1998, and completed the same day of marriage.

3) Defendant E is the child between Defendant F and the former husband. 4) The Deceased died on June 1, 2007 without any particular active property except for each of the instant real property.

B. The deceased had owned each real estate of this case (or its partial shares) since before around 1989, but on October 25, 2002, the deceased donated the real estate listed in the attached list Nos. 7700/1420 among the real estate listed in the attached list No. 1, and completed the registration of transfer of ownership on October 30 of the same year. In addition, on November 12, 2004, the deceased donated the real estate No. 7700/1420 of the real estate listed in the attached list No. 4 to Defendant F and completed the registration of transfer of ownership on November 16, 2004 (hereinafter “each real estate of this case”).

(2) Defendant F donated each of the instant real estate donated by the Deceased on January 11, 201, to Defendant E, one of his children, and completed the registration of ownership transfer in the future of Defendant E following day.

[Reasons for Recognition: Facts without dispute, entry of Gap 10 through 13, and 19, the purport of the whole pleadings]

2. The parties' assertion

A. Plaintiffs 1) Claim against Defendant E (the Plaintiff’s donation of each of the instant real property to Defendant F infringes on the Plaintiffs’ legal reserve of inheritance, and Defendant E is a transferee of each of the instant real property subject to the gift to be returned by exercising the Plaintiffs’ right to return legal reserve of inheritance at the time of transfer.

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