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(영문) 대전지방법원 서산지원 2018.05.30 2017가단5701
유류분 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff asserts to the following purport.

C died on November 9, 2013, and the Plaintiff, Defendant, and E, F, G, and H, who are their spouse, jointly inherited.

However, the Defendant received from C a gift of 58 square meters of I forest in Seosan-si, J forest, 869 square meters, 732 square meters prior to K, 5 square meters prior to L, 775 square meters in M, and 1,136 square meters prior to N.

Since the defendant violated the plaintiff's legal reserve of inheritance by receiving the above land from C, the defendant is obligated to pay the plaintiff 70 million won with the return of legal reserve of inheritance.

B. According to the reasoning of the judgment below and evidence Nos. 7, 9, and 12, the Defendant is recognized as having received respectively a donation of five square meters and one thousand one hundred and twenty-eight square meters of the above L, on July 13, 2012 from the deceased C, and the above N, on February 13, 2013, the above I Forest Land 58 square meters, 732 square meters of the above K, and 775 square meters of the above M, respectively.

However, it is not sufficient to recognize that the evidence of the above facts and the submission of the plaintiff alone infringed the plaintiff's legal reserve of inheritance, and there is no other evidence to recognize it.

Therefore, we cannot accept the plaintiff's above argument.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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