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Reasons
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(영문) 대전지방법원 2017.06.28 2016가합103143
유류분반환청구
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2016, the inheritance-related network F (hereinafter “the deceased”) died, and the deceased’s heir G, Defendant B, and the Plaintiff are children.

Defendant C, Defendant D, and Defendant E are children of Defendant B.

B. On April 22, 2013, the Deceased donated each real estate listed in the separate sheet Nos. 1 and 2 to Defendant C, and on May 3, 2013, the Deceased completed the registration of ownership transfer in the future of Defendant C. (2) On May 11, 2015, the Deceased donated each real estate listed in the separate sheet Nos. 3 through 7 to Defendant B, and completed the registration of ownership transfer in the future of Defendant B on May 20, 2015.

3) On March 2, 2016, the Deceased donated each real estate listed in Articles 8 and 9 of the Attached List to Defendant D, and completed the registration of transfer of ownership on March 3, 2013. (4) The Deceased donated the real estate listed in the Attached List No. 10 to Defendant E on March 9, 2016, and completed the registration of transfer of ownership on March 16, 2016.

(C) On the other hand, the deceased donated total of KRW 350,300,000 including KRW 130,876 at the time of the death of the deceased, 1987, KRW 54,00,000, KRW 144,000 on September 14, 2004, KRW 82,30,000 on February 28, 2005, and KRW 350,300,000 on March 13, 2005, including KRW 130,876 at the time of the death of the deceased. At the time of the deceased’s property status, the deceased did not have a claim for the deposit of KRW 130,876 on March 13, 205, KRW 130,876 on the condition that there was no dispute over the inheritance obligation.

each entry, the purport of the whole pleading

2. Determination as to the defendants' defense prior to the merits

A. The gist of the defense is that the plaintiff is not a relative of the deceased and is not a legitimate heir.

Therefore, there is no standing for the plaintiff.

B. On the other hand, in a lawsuit for performance, the standing to be a party is a person who asserts his/her right to demand performance, which is a subject matter of lawsuit, and actually exercises the right to demand performance.

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