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(영문) 수원지방법원안산지원 2015.07.15 2014가단30940

유류분반환

Text

1. On January 20, 2015, the Defendant, in relation to the Plaintiff’s share of 1/17 of each real estate listed in paragraphs (1) and (3) in the separate sheet, shall be as follows.

Reasons

Facts of recognition

The deceased C (hereinafter referred to as "the deceased") died on October 15, 2004 and became his/her heir and children E, F, G, H, I, Plaintiff, and Defendant.

On June 17, 1971, the defendant completed the registration of transfer of ownership based on sale with respect to the land listed in paragraph (2) of the attached list (the land category was the answer at the time, and the area was 2,489 square meters) prior to the annexation.

On March 13, 2009, the Defendant: (a) changed the land category of the above land to the previous land category; and (b) merged with the land size of 615 square meters prior to J on August 12, 2009, Sii-si, Sii-si.

On August 2, 1989, the Deceased completed the registration of ownership transfer for each land listed in the attached list Nos. 1 and 3 to the Defendant on the ground of donation.

The plaintiff did not receive a testamentary gift or testamentary gift from the deceased, and the inherited property and debts of the deceased are not revealed.

[Ground of recognition] evidence Nos. 1 through 7, and all of the arguments, the plaintiff asserted that the defendant donated each land on the annexed list from the deceased, while the plaintiff did not receive any evidence or inheritance, which led to a shortage of legal reserve of inheritance.

Therefore, the defendant is obligated to return shares equivalent to the plaintiff's legal reserve of inheritance among the above land.

Judgment

The amount of legal reserve of inheritance shall be calculated by adding the value of the property donated by the decedent to the whole value of the property at the time of the commencement of the inheritance, and the total amount of the debts borne by the decedent at the time of the commencement of the inheritance shall be determined

The amount of the legal reserve of inheritance shall be calculated by multiplying the amount of the property by the ratio of the legal reserve of inheritance prescribed in Article 1112 of the Civil Code, and when the person with the legal reserve of inheritance gets special profits, the amount shall be deducted.

The shortage in the amount of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance, if there is an inheritance obligation to be borne by the person with the right to the legal reserve of inheritance.

(e).

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