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(영문) 대구지방법원김천지원 2015.05.27 2014가단9348

유류분반환

Text

1. The Plaintiff:

A. Defendant B is the real estate listed in the attached list Nos. 1 and 2, and Defendant C is the attached list No. 3.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on April 8, 2014, and the heir has limited accommodation, Plaintiff B, Defendant B, F, C, and H, who are children.

B. Defendant D is the wife of Defendant B, and Defendant E is the children of Defendant B.

C. The Deceased donated the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by him before his birth and completed the registration of ownership transfer as follows.

① Real estate listed in paragraphs (1) and (2) of the Attached List No. 1: The ownership transfer registration on December 6, 2007, which was the cause of donation on December 3, 2007, and the ownership transfer registration on January 27, 2010, which was the cause of donation on January 25, 2010. < Amended by Presidential Decree No. 22440, Oct. 4, 2007; Presidential Decree No. 24447, Oct. 4, 2007; Presidential Decree No. 24447, Apr. 22, 2013; Presidential Decree No. 24477, Oct. 23, 2013; Presidential Decree No. 24475, Apr. 22, 2013; Presidential Decree No. 24775, Apr. 22, 2013>

D. The Deceased delivered KRW 25,830,478, a sum of KRW 142,00,000 on December 19, 2008, and KRW 255,830,478 on January 29, 2009.

E. The deceased did not have any other property or obligation at the time of his death.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 10 (including each number, if any), the result of an order to provide financial transaction information to Kimcheon Agricultural Cooperative, the purport of the whole pleadings

2. Determination

A. When there is a shortage in the calculation method of shortage in the legal reserve of inheritance due to the birth to other co-inheritorss of the inheritee, the shortage in the return of the legal reserve of inheritance to the co-inheritors within the extent of the shortage = [A] x the ratio of the person with the right to the legal reserve of inheritance (B) - the special benefit (C) - the amount of the person with the right to the legal reserve of inheritance of A = the amount of active inherited property £« the amount of donations.