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(영문) 창원지방법원진주지원 2017.09.07 2015가합291
유류분반환
Text

1. The Defendants are 1/2 shares of each real estate listed in the separate sheet No. 3 list,

A. Plaintiff (Appointed Party) A, respectively, 58,498.

Reasons

1. Basic facts

(a) the status of the Party I (hereinafter referred to as “the Deceased”)

A) A married with the network J, and under the slock D, E, network L, Defendant B, and M. Defendant C died on July 21, 1978 without his spouse and children. On May 24, 2001, the network K died in the state of Plaintiff (Appointed Party; hereinafter “Plaintiff”) who is his spouse A, F, G, and H, the deceased died on November 6, 2004; and on April 29, 201, the deceased died.

B. The Deceased’s testamentary gift and gift 1) On January 24, 2005, the Deceased completed the registration of transfer of ownership for each real estate listed in [Attachment 1] Nos. 1 and 2 on the ground of donation to Defendant B, and each real estate listed in [Attachment 1] Nos. 3 and 4 on November 11, 2009 on the ground of donation. 2] The Deceased completed the registration of transfer of ownership for each real estate listed in [Attachment 2] on November 11, 2009 to Defendant C on the ground of donation.

3) On September 26, 2009, the Deceased prepared a testamentary gift with the content of the testamentary gift of each of the real estate listed in the separate sheet No. 3 to the Defendants. The inheritors of the Deceased, on July 12, 2011, completed the approval approval procedure against the testamentary gift from the Jinwon District Court Jinwon District Court, and on July 12, 201, whether the testamentary gift is a universal testamentary gift or a specific testamentary gift should be determined according to the will of the testator examined comprehensively taking into account the language used in the testament and other all circumstances. In ordinary cases, the testamentary gift is deemed a specific testamentary gift, unless otherwise, even if it is deemed that the testamentary gift was made in the meaning of the percentage of the inherited property, the fact that the testamentary gift was individually indicated in the testamentary deed, etc. cannot be readily concluded to be a specific testamentary gift, and if it is deemed to have no other property by examining how much the inherited property becomes all (see, e.g., Supreme Court Decision 2004Da5714.).

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