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(영문) 수원지방법원안양지원 2020.08.19 2018가단111722

유류분청구

Text

The Defendant, as the Plaintiff

(a)each of the real estates listed in [Attachment 2 to 7] of the same list.

Reasons

1. Basic facts

A. There are children between the parties concerned C and D, E (ma), the plaintiff (mam), F (mamb), and the defendant (mamb), respectively.

C (hereinafter referred to as “the deceased”) died on December 22, 2017.

B. The deceased’s gift of real estate to the Defendant was donated to the Defendant, and completed the registration of ownership transfer under the name of the Defendant. The specific details are as follows.

[B] List: The real estate listed in the [Attachment List No. 1] No. 5 of the deceased’s real estate donation list against the Defendant is the “real estate of this case.”

Real estate listed in attached Table 1 of the title 1 of the real estate listed in paragraph (1) of the title 2 of the title 2 of the gift on January 5, 1984, which was transferred to F due to the gift on September 11, 2012 after the donation on September 24, 2008, and as stated in attached Table 3 of the title 3 of the title 4 of the gift on August 18, 200, real estate listed in paragraph (4) of the title 5 of the title 5 of the gift on September 24, 2008 as stated in attached Table 5 of the title 5 of the title 6 of the real estate on September 24, 208, as stated in paragraph (6) of the title 6 of the title 3 of the title 3 of the title 3 of the real estate

C. On the other hand, on July 15, 2000, the registration of ownership preservation was completed on the instant 7 real estate, which was a house on the third real estate of this case.

In addition, the registration of transfer of ownership in the name of E on the ground of sale on March 1, 1974 with respect to the real estate owned by the deceased, and the registration of transfer of ownership in the name of the defendant was completed on July 27, 1994 on the ground of sale on December 16, 1985. < Amended by Act No. 3798, Dec. 16, 1985>

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Calculation of shortage in legal reserve of inheritance;

(a) Shortage in the calculation method of shortage in the legal reserve of inheritance = [A] 】 The amount of assets forming the basis for the calculation of the legal reserve of inheritance 】 the ratio of the person with the right to the legal reserve of inheritance (B) - The amount of special profit (C) - A/ The amount of net inheritance of the person with the right to the legal reserve of inheritance (D) - The amount of the legal reserve of inheritance - The