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(영문) 대전지방법원 2017.09.13 2016나106696

유류분 보전을 위한 소유권이전등기

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1.The judgment of the first instance shall be modified as follows:

The defendant shall be against the plaintiff A, among each real estate listed in the attached list.

Reasons

Basic Facts

E was killed on July 22, 2014 (hereinafter referred to as “the deceased”), and there were the Plaintiffs and the Defendant, who are their children as their inheritors.

E, on April 15, 1995, completed the registration of ownership transfer based on each gift, with respect to the real estate listed in the separate sheet Nos. 1 through 8 (hereinafter referred to as "real estate in this case", including each real estate listed in the separate sheet, according to the sequences listed in the separate sheet, on March 16, 2005. < Amended by Presidential Decree No. 18751, Mar. 16, 2005>

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and 3 (including the number number), and the entire purport of the pleadings, the calculation method of shortage in the calculation method of legal reserve of inheritance in short of the calculation method of legal reserve of inheritance is as follows. Thus, according to the calculation method, below the plaintiffs and the defendant's legal reserve of inheritance is below.

Shortage in the legal reserve = [A] x (B) of the person holding the right to legal reserve 】 Special benefit (C) of the person holding the right to legal reserve / The net benefit (D) of the person holding the right to legal reserve / The amount of inheritance / The amount of inheritance / The amount of inheritance / The amount of inheritance / B = the amount of property acquired by the person holding the right to legal reserve / the right to legal reserve / the amount of property acquired by the inheritance - the legal reserve of the amount of property calculated by adding the value of the property acquired by the person having the right to legal reserve / the amount of inheritance - the amount of property calculated by deducting the amount of inheritance - the amount of legal reserve of property calculated based on the amount of property acquired by the person having the right to legal reserve / the amount of inheritance - where there is a person who has made special benefit from the inheritance from the person having the right to legal reserve / The donations are excluded from the application of Article 1114 of the Civil Act, regardless of whether the inheritance was transferred 1 year, and whether both parties are aware.

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