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(영문) 대전지방법원서산지원 2014.06.27 2013가단1763

유류분반환

Text

1. The defendant shall share 69,502,433 of 1,520,337,00 of each of the real estate listed in the separate sheet 1 through 13 to the plaintiffs.

Reasons

1. Basic facts

A. Nonparty E (hereinafter “the deceased”) died on April 14, 2012, and the deceased’s children are the Plaintiffs, the Defendant, Nonparty F, and Nonparty G.

B. The deceased donated each real estate listed in the annexed list 1 through 13 to the defendant before his birth, and the registration of ownership transfer was completed for each of the above real estate under the name of the defendant.

C. There is no inheritance obligation at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2 (including each number, if any), the purport of the whole pleadings

2. Determination as to the cause of claim

A. As the heir of the deceased, when there is a shortage in the plaintiffs' legal reserve of inheritance due to the birth donation to the defendant of the deceased, the plaintiffs can claim the defendant to return the legal reserve of inheritance to the extent of the shortage.

B. The method of calculating the difference in the calculation method of the plaintiffs' legal reserve of inheritance is 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 】 - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to the legal reserve + the amount of positive inherited property + the amount of inherited property + 1/23 of the amount of inheritance with respect to lineal descendants of the inheritee = the amount of inheritance with respect to the legal reserve + the amount of inheritance with respect to lineal descendants of the inheritee / the amount of property acquired by the person entitled to the legal reserve - the amount of inheritance share

C. Legal reserve of inheritance 1 is calculated on the basis of the property value of the inheritee at the time of commencing the inheritance and the amount calculated on the basis of the amount calculated by adding the value of donated property to the value of the inherited property at the time of the commencement of the inheritance, and the amount calculated on the basis of the amount calculated on the basis of the amount obtained by deducting the inherited debts. If there is a person among co-inheritors who has made special profits by making a living donation of property from the inheritee, the donation is excluded from the application of Article 1

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