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(영문) 수원지방법원여주지원 2017.09.06 2015가단4421

유류분반환

Text

1. The Plaintiff:

A. As to Defendant B’s share of 8,640,502/106,764,000 among the real estate listed in paragraph (1) of the attached Table No. 1, 2015.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on October 6, 2014, and the heir is the Plaintiff, Defendant B, and E, who are children.

B. On January 9, 2013, the Deceased donated 2/3 shares, the deceased’s shares, among each real estate listed in the attached Tables 2 and 3, to Defendant C, a child of Defendant B, and completed the registration of ownership transfer on the 22th of the same month.

C. On January 17, 2013, the Deceased donated the real estate listed in [Attachment List No. 1 (hereinafter “instant real estate”) to Defendant B on January 17, 2013, and completed the registration of ownership transfer on the said real estate on the 22th of the same month.

No inherited property shall be inherited at the time of the deceased’s death.

E. The value of the instant real estate No. 1 at the time of commencing the inheritance (i.e., 106,764,000 won for individual land price 254,200 square meters x 420 square meters x 420 square meters) and the value of the instant real estate No. 2 at the time of commencing the inheritance [122,00,195 won [3] [41,65,193 won for the current base price of the housing (141,335,100 won for the current base price of the current base price) x 2/3 shares; hereinafter the same shall apply] x 52,653,440 won for the value of the instant third real estate (470,400 won for the individual land price x 470,40

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 6, Eul's evidence 14 (including branch numbers, if any) and the purport of the whole pleadings

2. In a case where there is a shortage of legal reserve of inheritance between the deceased's heir due to the birth donation against the Defendants of the deceased, the plaintiff can seek the return of the property donated to the Defendants within the extent of the shortage. Accordingly, we examine whether there was a shortage in legal reserve of inheritance between the plaintiff and the Defendants.

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property owned by an ancestor at the time of commencing the inheritance, and deducting

(Article 113, Paragraph 1, of the Civil Act). Specific details