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(영문) 서울중앙지방법원 2014.10.31 2014가합506251

유류분 반환 청구

Text

1. Defendant E shall list the Plaintiffs’ share of 11,672,035/117,705,000 among the real estate listed in paragraph 2 of the separate sheet, and the separate sheet.

Reasons

1. Basic facts

A. The Plaintiffs are the children of the deceased G (the decedent’s death on February 18, 2012, hereinafter “the decedent”) and the Defendant E is the spouse of the network H (the decedent’s death on February 24, 1997), the male head of G, and Defendant F is H’s children.

B. H completed the registration of ownership transfer on the ground of sale and purchase on January 9, 1983 with respect to 5276 square meters in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “I”) (hereinafter “I”) and the said land was divided into 351 square meters in K and 351 square meters in a local highway around December 9, 1989, and was incorporated into Do highway, and the land remaining after the division became the real estate listed in attached Table 1 (hereinafter “real estate 1”).

On July 24, 1997, Defendant F completed the registration of ownership transfer for the reason of inheritance by agreement division as of February 24, 1997 with respect to the real estate No. 1 of this case.

C. On May 1, 1997, the decedent completed the registration of ownership transfer under the name of the defendant E, which was based on the donation of April 21, 1997, with respect to each real estate listed in [Attachment List Nos. 2, 3 and 4] owned by the decedent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. The amount of calculation method of one shortage in legal reserve for the plaintiffs' infringement shall be calculated by adding the value of the property that the ancestor had at the time of the commencement of the inheritance to the total value of the property that the ancestor donated, and among them, deducting the total amount of the debts that the ancestor had borne at the time of the commencement of the inheritance and determining the amount

Therefore, the amount of legal reserve shall be calculated by multiplying the calculated amount of the property by the ratio of the legal reserve under the Civil Code Article 1112, and when the person with legal reserve of inheritance gains special profits, the amount should be deducted.

The amount of violation of legal reserve of inheritance is the person with the right to legal reserve of inheritance.

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