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(영문) 수원지방법원성남지원 2017.07.18 2015가합207040
유류분 반환 등 청구의 소
Text

1. The Defendants: (a) on January 27, 2014, with respect to the Plaintiff B’s share of 2/11 of F 4,096 square meters and G 2,919 square meters; (b) on January 27, 2014.

Reasons

1. Facts of recognition;

A. Plaintiff A is the husband of the deceased H (hereinafter “the deceased”), and Plaintiff B and the Defendants are the children of Plaintiff A and the deceased.

B. While the Deceased was hospitalized at the hospital on January 27, 2014, the Deceased donated each of the land (hereinafter “instant land”) indicated below the Deceased’s list to the Defendants (hereinafter “instant donation”). The Defendants completed each of the instant land’s registration of transfer of ownership as indicated below.

On February 11, 2014, the date of the registration of the abbreviation of the Defendant’s land: (a) the Defendant: (b) the land N of 3,503 square meters and 2,715 square meters and m2,151 square meters and m2,151 square meters and m2,000 square meters and m2,000 square meters and m2,000 square meters and m2,652 square meters and m2,000,000,000,000 square meters and m2,715 square meters and m2,000,000,000 square meters and m2,000,000 square meters and m2,715,000 square meters and m2,00,000 square meters and m2,000,000

C. The Deceased died on February 20, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Plaintiff B’s claim

A. According to the evidence and the purport of the entire argument as to the cause of the claim, at the time of the donation of this case, the deceased prepared a gift declaration (Evidence No. 5) stating that “CHawd field 2,000 square meters and B 4,000 square meters and 1,200 square meters, E 1,50 square meters and 1,50 square meters,” and the “B 4,000 square meters and 4,000 square meters” of the above document refers to “F 4,00 square meters and 2,919 square meters (hereinafter “R-dong land”).

Therefore, the deceased donated the Rdong land to the plaintiff B, and the defendants, co-inheritors of the deceased, are obligated to perform the registration procedure for transfer of ownership to the plaintiff B with respect to the shares of inheritance among the Rdong land.

B. The Defendants asserted that the said gift declaration was forged in the relevant lawsuit by the Plaintiff B, which is the judgment of the Defendants.

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