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(영문) 창원지방법원 2016.02.16 2013가단18106

유류분반환청구

Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, and Defendant B, as to each of the said money, KRW 4,120,173, and each of the said money. < Amended by Presidential Decree No. 24508, Jul. 17, 2013>

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on August 5, 201. At the time, the deceased’s property heir was F, G, Plaintiff, Defendant B, H, I, and Defendant C, who is his/her spouse, as the deceased’s property heir.

B. On July 10, 1980, the Deceased completed the registration of ownership transfer to Defendant B on the ground of sale on October 4, 1965 with respect to the real estate listed in Paragraph 1 of the Attached List (hereinafter “J land”) owned by himself.

After that, on March 14, 1988, Defendant B completed the registration of ownership transfer with respect to J land I and Defendant C on March 14, 198, again completed the registration of ownership transfer in his name on September 12, 2007.

C. On September 12, 2007, the Deceased completed the registration of ownership transfer on the ground of donation on February 26, 1994 with respect to the real estate listed in the Attached List No. 2 (hereinafter “K”) he owned to Defendant B.

On May 3, 1997, the Deceased completed the registration of ownership transfer on the ground of donation on April 17, 1997 with respect to the real estate listed in Section 5 (hereinafter referred to as “L land”) owned by Defendant C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. The calculation method of shortage in the method of calculating the legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - the amount of the person entitled to the legal reserve of inheritance - The amount of the net contribution of the person entitled to the legal reserve of inheritance - The amount of the legal reserve of inheritance - B = the amount of inheritance 1/23 = the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property acquired by the person entitled to the legal reserve of inheritance -

3. Determination on the amount of property (A) that forms the basis for calculating the legal reserve of inheritance

A. Relevant legal principles are the inheritee’s legal reserve of inheritance.