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(영문) 인천지방법원 2021.02.26 2018가단263723

유류분반환

Text

The defendant shall list 13,441,751/205,425,00 shares and the attached list among the real estate listed in Section 7 of the attached list.

Reasons

1. Facts of recognition;

A. On January 7, 1961, the deceased F (Death on September 15, 2018, hereinafter “the Deceased”) married with G, thereby having both the Plaintiffs and the Defendant as their children.

B. On November 30, 2017, the Deceased completed the registration procedure for the transfer of ownership on November 27, 2017 with respect to the real estate listed in [Attachment List Nos. 1 through 6] to G on November 30, 2017.

On August 17, 2016, the Deceased completed the registration procedure for transfer of ownership on April 2, 2017, with respect to the real estate listed in Section 7 of the Schedule on August 10, 2016, which was based on the donation on August 10, 2016.

(c)

At the time of the death of the deceased, there was a fixed deposit amounting to KRW 50,00,00 in the name of the deceased and a unregistered building as stated in the attached list No. 9, and there was no inheritance obligation.

Attached Form

The market price at the time of commencement of inheritance of each real estate listed in the list shall be as shown in the market price column on September 15, 2018 of the attached Table.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 7 (including branch numbers), Eul evidence No. 1, the result of the appraisal entrusted by this court to H, the purport of the whole pleadings

2. Determination

A. The calculation method of shortage in legal reserve of inheritance shall be calculated based on the amount calculated by adding the value of donated property to the value of the property at the time of the commencement of inheritance of the person in question and deducting the amount of inherited property. If a joint heir has made special profits from the donation of property from the inheritee by the donation of property before the inheritance, the donation shall be excluded from the application of Article 1114 of the Civil Act, and shall be included in basic property for calculating legal reserve of inheritance regardless of whether the donation would have been transferred one year prior to the commencement of inheritance, and whether both parties have known that the damage would be inflicted on, and the value of the gift property which is the basis of calculating legal reserve of inheritance of the decedent shall be calculated at the price at the time of the commencement of inheritance of the decedent’s death (see Supreme Court Decision 95Da17885 delivered on February 9, 196, etc.).