(영문) 부산지방법원 2015.06.17 2014가합17490

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(영문) 부산지방법원 2015.06.17 2014가합17490

약정금

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are F and G’s children, and the F (hereinafter “the deceased”) died on June 30, 201, thereby becoming co-inheritors of the Plaintiffs, the Defendants, and G, and the deceased. G died on September 1, 2014, and as G died, the Plaintiffs and the Defendant became co-inheritors of G.

B. On September 14, 2009, the Deceased prepared an authentic copy of a notarial deed stating that he testamentary gift of the shares owned by the Deceased (hereinafter “instant real property”) among H 3260 square meters of the shares owned by the Deceased (hereinafter “instant testamentary deed”) among the 3260 square meters of his own property, the only property of the Defendant.

C. On July 2, 2011, the Plaintiffs and G prepared and delivered to the Defendant a letter of renunciation of miscarriage (hereinafter “instant letter”) stating that “The instant real estate owned by the deceased is certified to the Defendant, and no objection is raised thereto,” respectively.

The Defendant completed the registration of ownership transfer on the instant real estate (195650/3930 shares, among H, 3260 square meters prior to Simsan-si) due to testamentary gift as of July 5, 201, the Daegu District Court (27945, Jun. 30, 201), and thereafter, as a result of partition of co-owned property, the Defendant sold the said real estate to 165,550,000 square meters, and completed the registration of ownership transfer on August 16, 2013, the registration of co-owned property was completed on June 18, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 4 (including number Nos. 1 and 4), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs, as co-inheritors of the deceased's property, have a shortage of legal reserve of inheritance due to the legacy against the deceased's defendant, and thus, to the extent of the shortage, they seek the return of legal reserve of inheritance as stated in the claims against the defendant. 2) As to the defendant's assertion, the defendant's testamentary gift against the deceased's defendant to the extent of shortage of legal reserve of inheritance.

Even if the plaintiffs are dead, they shall be dead.

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