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(영문) 서울서부지방법원 2018.12.13 2018가합32364
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The deceased E (1923) married with the deceased F (1925) in 1957, and had six children under which G (1945), H (1952), the defendant (1955), the plaintiff A (1956), the plaintiff B (1959), and the plaintiff C (1961).

The defendant had I as his child.

The network E died on November 7, 1996 (hereinafter “the deceased”), and the networkF died thereafter.

The Deceased, such as legacy against the Defendant of the Deceased, acquired ownership of the land listed in paragraph (3) of the same list as the land listed in paragraph (1) of the attached Table (hereinafter referred to as “J land”) and the building listed in paragraph (2) of the attached Table before the Deceased’s death (hereinafter referred to as “J real estate”).

On March 4, 1997, the Defendant completed the registration of ownership transfer on the ground of testamentary gift on November 7, 1996 (hereinafter “instant testamentary gift”) with respect to J real estate and K real estate.

On November 25, 2011, the Defendant, including the Defendant’s sale of K real estate, sold K real estate at KRW 1.16 billion to L.

On March 2, 2012, the defendant completed the registration of transfer of ownership on K real estate to L on November 25, 2011.

Around that time, the Defendant paid KRW 180 million to Plaintiff A, Plaintiff B, and C, respectively.

On March 12, 2018, the Defendant: (a) made a registration of transfer of ownership due to the gift on March 12, 2018 (hereinafter “instant gift”); (b) on March 12, 2018, the Defendant donated the J land to the Defendant I; (c) completed the registration of transfer on March 12, 2018.

[Ground of recognition] In the absence of dispute, the statements in Gap's evidence Nos. 1 through 9, 12, and 17, and the grounds for the claim to determine the purport of the entire pleadings, according to the plaintiffs' claim, only J real estate transferred to the defendant according to the testamentary gift of this case exists (the plaintiff clearly stated that real estate does not be considered as K's basic property), other than that, the deceased's active inherited property and the deceased's claim.

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