beta
(영문) 창원지방법원진주지원 2017.07.06 2016가단33116

유류분반환청구의 소

Text

1. The Defendant’s respective KRW 7,804,385 to the Plaintiffs, respectively, and 5% per annum from June 2, 2016 to July 6, 2017, and the following.

Reasons

1. Facts of recognition;

A. The network D died on May 29, 2015, and the heir is the defendant, children, the plaintiffs, E, F, and G, who are their spouse.

B. The Deceased, on October 2005, donated the property listed in the attached list to the Defendant as follows.

Sale and purchase of H-13 Donation 205-10-13 Donation 2005-13 Donation 2005-10-13 Donation 3 H Ground 2005-10-13 Donation 4 I Land 2005-10-10-13 Donation 4, 2005-10-13 Donation 5 J Land out of 30/46 shares in 30/46 shares in 205-10-10-13 Donation 6K out of 30/46 shares in 205-10-13 Donation 7 shares in 30/46 shares in 205-10-13 Donation 8 shares in 2005-10-13 Donation 8 shares in 2005-10-10-26 shares in 3/5 shares in the fishery rights in the Nam-Gun Donation 9, South-do Donation 3005-10-26 shares

C. At the time of the deceased’s death, there was no particular positive and negative property for the deceased.

[Ground of recognition] Unsatisfy, Gap 1-7 evidence (including branch numbers, hereinafter the same shall apply), Eul 7 evidence, the purport of the whole pleadings

2. The plaintiffs, as co-inheritors of the deceased, may seek the return of the property donated to the defendant within the extent of the shortage when there is a shortage in the plaintiffs' legal reserve of inheritance due to the birth donation made by the deceased to the defendant as co-inheritors, and the method of calculating the shortage is as follows.

Shortage in the legal reserve = [A] The basic amount of property calculated as the legal reserve 】 the ratio of the person holding the right to the legal reserve 】 The amount of special profit (C) - the amount of the right to the legal reserve ? The amount of the right to the legal reserve ? the amount of the positive inherited property - B = the amount of the right to the legal reserve 1/23 = the amount of the right to the legal reserve ? the amount of the property acquired by the person holding the right to the legal reserve - the amount of the property acquired by the inheritance - the amount of the right to the legal reserve

A. According to Article 1114 of the Civil Code, the basic amount of property calculated on the basis of the legal reserve of inheritance (A) the gift to be included in the basic property on the basis of the calculation of legal reserve of inheritance is in principle limited to the donation made for one year before the commencement of the inheritance. However, both parties damage the person entitled

참조조문