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(영문) 광주지방법원 순천지원 2018.05.24 2015가단6627

유류분반환

Text

1. The Defendant (Counterclaim Defendant) and the Plaintiffs:

A. 3,087,490/29,928,00 among the real property listed in the separate sheet No. 4

Reasons

1. Basic facts

A. The Plaintiffs and the Counterclaim Plaintiff are children of the network F (hereinafter “the inheritee”), and the Defendant is the Counterclaim Plaintiff’s children.

B. As the decedent died on December 9, 2014, the Plaintiffs and the Counterclaim Plaintiff inherited the decedent at the rate of 2/17 each, respectively.

C. On July 30, 2010, the decedent donated each real estate (hereinafter “real estate 1” and “real estate 2” as indicated in [Attachment List Nos. 1 and 2] to the Lessee, and completed each registration of ownership transfer on August 12, 2010, respectively. On May 30, 2013, the decedent donated the third real estate and completed the registration of ownership transfer on the same day.

In addition, on December 9, 2014, the decedent bequeatheds Nos. 4 through 9 to the defendant on December 9, 2014, and accordingly, each ownership transfer registration was completed on January 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. Since the legal reserve of inheritance of the plaintiffs, who are heirs due to the legacy against the defendant of the deceased's assertion, the defendant should return the amount of the legal reserve of inheritance to the plaintiffs within the scope of the property bequeathed.

B. Where there is a shortage in the plaintiffs' forced inheritance due to the legacy made by the ancestor against the defendant, the plaintiffs can seek the return of the property bequeathed to the defendant within the extent of the shortage. Accordingly, we examine whether there is a shortage in the plaintiffs' forced inheritance.

1) Shortages in the calculation method of the plaintiffs' legal reserve of inheritance should be calculated by the following methods after the specific property, which forms the basis for calculating the legal reserve of inheritance, at the time of the commencement of inheritance. The shortage in the legal reserve of inheritance = [A] x the pertinent legal reserve of inheritance x the pertinent legal reserve of inheritance.