(영문) 인천지방법원 2018.01.23 2016가단251139

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(영문) 인천지방법원 2018.01.23 2016가단251139

유류분반환

Text

1. The plaintiff A:

A. Defendant E shall share 1/14 of each of the real estate listed in the separate sheet Nos. 2 through 4.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants were children of the deceased deceased H (hereinafter “the deceased”) on July 16, 2016, and the deceased did not have any other heir than the Plaintiffs and the Defendants.

B. On February 15, 2016, the Deceased completed the registration of transfer of ownership in the name of Defendant D on the ground of the gift dated February 10, 2016 with respect to the real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter “instant real estate”), and ② on June 19, 2014, the Deceased completed the registration of transfer of ownership in the name of Defendant E on the ground of the gift dated May 27, 2014 with respect to each of the real estate listed in the Attached List No. 2 through No. 4 (hereinafter “each of the instant real estate”) listed in the Attached List No. 5 (hereinafter “instant five real estate”), and ③ on February 3, 2015, each of the real estate 1/2 shares was registered under the name of Defendant F and G on the ground of the gift made on February 2, 2015.

C. At the time of the deceased’s death, there was no positive and passive inherited property (Inheritance obligation). The value of the real estate of this case 183,00,000, the value of the two real estate of this case 90,321,000, the value of the three real estate of this case 42,513,000, the value of the three real estate of this case 132,858,000, and the value of the four real estate of this case 132,858,000, and the value of the five real estate of this case 150,524,000.

[Ground of Recognition: Facts without dispute; Gap evidence 1, 2-1 through 4, 3-1 through 4, 4, 5, 6-1 through 5-5, results of appraisal commission to the light appraisal corporation of this court; purport of the whole pleadings]

2. Summary of the parties' arguments

A. The gist of the plaintiffs' cause of claim is that the real estate of this case was donated one year prior to the commencement of the inheritance, and thus, in the case of the remaining real estate, it was recognized that the rights of the plaintiffs were infringed at the time of the act of donation. Thus, each claim is subject to legal reserve of inheritance.

B. The defendants' assertion.

유사 판례

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