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(영문) 대전지방법원 천안지원 2018.11.29 2017가단101764

유류분반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 6, 2013, D’s status network of the parties died on January 6, 2013, and jointly inherited E, Plaintiffs, and Defendant, as co-inheritors.

B. On November 26, 2010, the deceased D’s gift network D donated each real estate listed in the separate sheet No. 1 to the Defendant, and completed the registration of transfer of ownership on November 30, 2010 on the ground of the above gift.

At the time the network D’s gift of each of the above real estate stated in the separate list No. 1, the maximum debt amount of KRW 129,225,00 as a mortgagee with respect to each of the above real estate was set respectively as the maximum debt amount of KRW 195,00,00 against the Korea Agricultural and Rural Infrastructure Corporation as a mortgagee, and the maximum debt amount of KRW 195,500,000,000,000,000 won.

C. As the deceased’s inherited property and inheritance debt D’s inherited property, each real estate listed in the separate sheet No. 2 exists, and as to each of the above real property, the right to collateral security amounting to KRW 52 million was established with respect to each of the above real property as the right to collateral security, but the secured debt amount as of the time of the deceased D’s death is KRW 40 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 6 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 and 9, the purport of the whole pleadings

2. Determination as to the cause of action

A. shortage in the calculation method of the shortage in the legal reserve = [A] [the amount of the property that forms the basis for the calculation of the legal reserve 】 the special profit (C) with the person entitled to the legal reserve ] - The amount of the net profit from the person entitled to the legal reserve - A(D) with the right to the legal reserve - In the case of the lineal descendants of the inheritee, 1/2 of the amount of the legal reserve / C = the amount of the property acquired by the person entitled to the legal reserve - the amount of the property acquired by the person entitled to the legal reserve - the calculation method of the shortage in the legal reserve of the person entitled to the legal reserve of inheritance - the amount of the property acquired

among co-inheritors.