유류분 반환청구
1. As to the portion of 1/12 shares among the real estate listed in the separate sheet, the Defendant shall make 1/24.
1. Basic facts
A. On July 25, 2013, the network H entered into a gift agreement with the Defendant on the 1st 267 square meters and JJ 132 square meters (hereinafter “the instant real estate”). On July 31, 2013, the Dong H completed the registration of ownership transfer under the receipt of the Gwangju District Court’s registration No. 158062.
B. The network H died on September 13, 2016.
The deceased’s children had the network K and the Plaintiff A, B, C (Opening Name D), E, and Defendant G.
However, on April 9, 2012, the deceased K died, and there was Plaintiff F and L with their children.
C. The instant real property was the only property before the deceased’s death.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including paper numbers) and the purport of the whole pleadings
2. Assertion and determination
A. Since the donation of this case with respect to the plaintiffs' assertion of this case infringed on the plaintiffs' legal reserve of inheritance, the defendant is obligated to implement the procedure for the registration of transfer of ownership with respect to shares equivalent to legal reserve of inheritance.
B. According to the above facts, barring any special circumstance, the donation of this case against the deceased against the defendant of the deceased constitutes a violation of the plaintiffs' legal reserve of inheritance. Thus, the defendant is obligated to return property equivalent to the part of the plaintiff's legal reserve of inheritance to the plaintiffs. 2) The calculation method of shortage in the plaintiff's legal reserve of inheritance is as follows. The shortage in the legal reserve of inheritance = [A] 】 Special benefit amount of the person with the right to the legal reserve of inheritance 】 (C) - The special benefit amount of the person with the right to the legal reserve of inheritance - The net benefit amount of the person with the right to the legal reserve of inheritance of this case ? The inheritance obligation amount of Eul = the inheritance obligation of the deceased 1/2 of the inheritance in the legal reserve of inheritance of the lineal descendants of the deceased and 1/333 of the inheritance of the person with the right to the legal reserve of inheritance of this case = D = the amount of property acquired by inheritance of the person with the right to the legal reserve of inheritance of this case -