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(영문) 수원지방법원 2016.05.12 2014가합67204

유류분반환

Text

1. The defendant shall be the plaintiff.

(a) Of the respective immovables listed in Schedule 2 to 4, 95,918, 333/767, 346, 667 shares;

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on June 7, 2013, and his heir is the Plaintiff, Defendant, and F, the spouse of E and his/her children.

B. The Deceased donated each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant before his birth as indicated in the following table.

On April 20, 2005, on April 22, 2005, the subject matter of donation as of the date of donation, which was registered, is 3,777С in the wife-population G on May 3, 2012, 2012, on June 14, 2012: (a) on June 14, 2012, the land for warehouse with the wife-population H 190С on May 3, 2012; (b) on June 14, 2012, the general steel structure on the ground of the wife-population H on June 14, 2012; and (c) the single-story warehouse (agricultural storage) with 195С on May 3, 2012. < Amended by Presidential Decree No. 23805, Jun. 14, 2012>

C. On March 7, 2006, the Deceased remitted KRW 20 million to the bank account under the name of the Defendant, KRW 40 million on June 7, 2006, KRW 100 million on April 21, 2008, and KRW 30 million on April 23, 2010, respectively.

There is no inheritance obligation of the deceased, and the plaintiff does not receive a gift or testamentary gift from the deceased.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, 4-1, 3, 5, 6, and 7-1, 3, 5, 6, and the purport of the whole pleadings

2. Determination as to the cause of action

A. If there is a shortage of the Plaintiff’s legal reserve of inheritance due to the donation or testamentary gift made by the deceased to the Defendant who is a co-inheritors as the inheritor, the Plaintiff may claim the Defendant to return the shortage to the extent of the shortage.

(b) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special proceeds (C) from the person holding the right to the legal reserve of inheritance - The amount of net inheritance (D) of the person holding the right to the legal reserve of inheritance - The amount of positive inherited property - B = 1/23 of the inheritance amount of the person holding the right to the legal reserve of inheritance = The amount of inheritance - the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance - the amount of the inheritance share.