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(영문) 대전지방법원 2019.04.24 2018가합102960

유류분반환

Text

1. The defendant is against the plaintiffs:

A. As to shares 40,464,634/221,915,190 out of the real estate listed in the separate sheet No. 2 list, Attached Form 3.

Reasons

1. Facts of recognition;

A. D (hereinafter referred to as “the deceased”) died on March 14, 2018, and as the legal inheritor of the deceased, there are the Plaintiffs.

B. On February 8, 2018, the Defendant, as an incorporated foundation with the aim of contributing to the development of the E University, drafted an agreement on donation between the Deceased and the Deceased, stating that “the deceased shall donate the real estate listed in the attached Tables 2 and 3 list and cash KRW 570,000,000, to the Defendant,” and received a donation of property from the Deceased as shown in the

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 7 and 14, and the purport of the whole pleadings

2. The main point of the plaintiffs' assertion is that the defendant received property from the deceased from the deceased as shown in the separate sheet No. 1, and there is a shortage in the plaintiffs' legal reserve of inheritance, so the defendant shall pay the amount equivalent to the legal reserve of inheritance and damages for delay to the plaintiffs.

3. Return of legal reserve of inheritance:

A. Shortage in the calculation method of the plaintiffs' legal reserve of inheritance is calculated by the following methods after specifying the property, which forms the basis for calculating the legal reserve of inheritance as of the time of the commencement of inheritance (see Articles 1112 and 1113 of the Civil Act), and all shortage in the legal reserve of inheritance under the following subparagraphs = [A](the basic amount of property in calculating the legal reserve of inheritance 】 the special benefit amount of the person holding the right to the legal reserve of inheritance (B) - A(C) of the person holding the right to the legal reserve of inheritance - A/(D) of the amount of the positive donated property - The amount of inherited property - B/ 1/23 of the inheritance amount of the person having the right to the legal reserve of inheritance = The amount of property acquired by the person having the right to the legal reserve of inheritance of the inheritee - the amount of property acquired by the person having the right to the

Legal reserve of inheritance(A) is the value of property at the time of inheritance commencement.