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(영문) 대전지방법원 홍성지원 2018.07.03 2017가단8456

유류분반환

Text

1. The defendant on November 30, 2017 with respect to shares of 1/12 among each real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on August 9, 2017, and his/her heir is the Plaintiffs, Defendant, E, F, and G, who are their children.

B. The Deceased completed the registration of transfer of ownership in the name of the Defendant on the grounds of the Daejeon District Court’s Boan Registry on March 12, 2014, No. 6240, which was received on March 10, 2014, as to each real estate listed in the separate sheet prior to the death.

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

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1 to 5, Gap evidence 5-1, the purport of the whole pleadings

2. Determination

A. As to the occurrence of the right to claim the return of legal reserve of inheritance, the deceased donated each real estate listed in the separate sheet, which is the only property of the defendant among the children before their birth, to the defendant, barring special circumstances, the plaintiffs can claim the return to the defendant to the extent that the legal reserve of inheritance is insufficient.

(b) With respect to the calculation method of shortage in legal reserve of inheritance, the value of the donated property at the time of the commencement of inheritance shall be added to the value of the donated property at the time of the commencement of inheritance (Article 1113(1) of the Civil Act), and the detailed calculation method shall

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 (B) - The amount of special benefit of the person entitled to the legal reserve of inheritance (C) - The amount of the pertinent legal reserve of inheritance + the amount of positive inherited property + the amount of inheritance + 1/23 of the inheritance in case of lineal descendants of the inheritee / the amount of inheritance + the increased amount of inheritance in case of lineal descendants of the inheritee / the amount of inheritance / the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of property (A) as the basis for calculating the legal reserve of inheritance - the amount of positive inherited property acquired by the person entitled to the legal reserve of inheritance 1) /

B) Gift property (1-related legal principles).