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(영문) 창원지방법원 2019.05.30 2017가합53715
유류분반환 청구
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The status and inheritance relationship of the parties 1) The network E (hereinafter “the network”).

(A) The Plaintiffs and G (the third party date for pleading) born between the networkF (Death on February 22, 1977) were withdrawn from the lawsuit.

(2) As the Deceased died on April 13, 2017, the Plaintiffs, G, and the Defendant became co-inheritors.

B. At the time of commencement of the inheritance, the status of the deceased’s real estate was active property owned by the deceased, as indicated below, at the time of the commencement of the inheritance.

(hereinafter referred to as “real estate” pursuant to the sequence. At the time of commencement of the display of real estate, the sum of the sum of 703,706,706,00 1,157 square meters in the counter of H 278 square meters in the window of Changwon-si 1,36,76,000 A9 2 Changwon-si 2, Changwon-si 1,157 square meters in the aggregate of 703,706,00 -

C. In around 197, the deceased, such as the disposal of the real estate owned by the deceased, sold the 49,587 square meters of J-si, Changwon-si’s counter (hereinafter “three real estate”) (Evidence A5), and the K large scale 176 square meters (hereinafter “four real estate”) around January 2017, and the 5 square meters or less of L large scale 166 square meters.

) The sales (based on recognition 1, 2) of A) was without dispute, Gap evidence 1 through 10 (if any, each number is included), the result of the appraisal commission to the appraiser M by this Court, the purport of the entire pleadings.

2. Judgment on the claim for restitution of legal reserve of inheritance

A. The plaintiffs asserted that the defendant received from the deceased around 1997 KRW 500,00,000 from the deceased, and KRW 172,159,129 from the deceased and infringed on the legal reserve of inheritance, and thus, they claim the return of the amount of infringement on the legal reserve of inheritance stated in the plaintiffs' claims.

B. The Plaintiffs, the inheritor of the deceased’s right to claim restitution of legal reserve of inheritance, barring any special circumstance, may claim the Defendant to return the property to the extent that there is a shortage in their legal reserve of inheritance due to the donation made by the deceased against the Defendant who is another inheritor.

(c) Shortage in legal reserve of inheritance.

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