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(영문) 수원지방법원 2019.11.14 2017가단543368

유류분 반환

Text

1. The Plaintiff:

A. Defendant C returned legal reserve of inheritance on September 3, 2019 with respect to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The network D (hereinafter “the network”) married with E and placed three male females, including F, G, Plaintiff, H, and I.

(F) Before the Deceased’s death, G died before the Deceased’s death, and G died after the Deceased’s death with his spouse J and his child K). The Deceased reported the birth of L, Defendant B as the natural father between the Deceased and E.

B. E divorced from the Deceased on September 10, 2013, and the Deceased died on October 10, 2016.

C. Defendant C completed the registration of transfer of ownership by testamentary gift on October 19, 2016 with respect to each real estate listed in the separate sheet, which was owned by the deceased, as a person who was in a relationship with the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s assertion that the legal reserve of inheritance was infringed upon as a result of the Plaintiff’s donation or testamentary gift of the property to the Defendants, the Defendants asserted that they were obligated to return the property donated or testamentary gifted from the deceased within the extent that the Plaintiff’s legal reserve of inheritance falls short of the Plaintiff’s legal reserve of inheritance, and sought a return of the original property from Defendant C in the first place, and sought a return

3. Claim for restitution of legal reserve of inheritance:

A. Shortage in the calculation method of the Plaintiff’s legal reserve of inheritance due to the death of the inheritee shall be calculated as follows, after finalizing the property that forms the basis for calculating the legal reserve of inheritance as of the time of commencing the inheritance

Shortage in the legal reserve = [A] 】 The amount of property on the basis of calculation of the legal reserve of inheritance 】 - The amount of special earnings (C) from the person entitled to the legal reserve of inheritance - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance ? The amount of inheritance - B = the amount of inheritance 1/23 = the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance of the inheritee -