(영문) 대구지방법원 2015.02.10 2014가단26856

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(영문) 대구지방법원 2015.02.10 2014가단26856

유류분반환

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1. The Defendant’s share on June 14, 2014 with respect to each of the real estate listed in attached Forms 1 through 14 to the Plaintiffs.

Reasons

1. Facts recognized;

A. The registration of transfer of ownership was completed on August 16, 2012 in the name of the I, ASEAN, on August 24, 2012, with respect to each real estate listed in [Attachment I] to which H owned (hereinafter “each of the instant real estate”).

B. H (hereinafter “the deceased”) died on November 12, 2012, and I died on March 19, 2014, respectively, and on April 14, 2014, the ownership transfer registration for each of the instant real estate was completed on April 14, 2014 under the name of the Defendant, who is the spouse of I, due to an agreement division.

C. The Plaintiffs are children of H, whose statutory share of inheritance is 2/17, respectively.

At the time of the death of the deceased, there was a building listed in attached Form 15, and there was no obligation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-5 evidence Nos. 1 through 14, 6-15, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The Plaintiffs are the deceased’s inheritors, and if there was a shortage of legal reserve of inheritance due to the deceased’s donation made to I, the Plaintiffs may claim the Defendant who solely inherited each of the instant real estate from I to the extent of the shortage.

(2) The method of calculating shortage in the calculation method of legal reserve of inheritance is as follows. Thus, we examine the shortage in the Plaintiffs’ legal reserve of inheritance according to the following calculation method.

The amount in violation of the legal reserve = [A] 】 the special profit (C) at the person having the right to the legal reserve of inheritance ? The amount of the pertinent legal reserve of inheritance ? The amount of the net profit (D) at the person having the right to the legal reserve of inheritance ＋ the amount of positive inherited property + the amount of inherited property ? 1/2 C = the increased amount of the inheritance of the person having the right to the legal reserve of inheritance ＋ the amount of the property acquired by the inheritance ? the amount of the property acquired by the person having the right to the legal reserve of inheritance ? the amount of the inherited property ? the amount of the property acquired by the inheritance ? (A) at the time the inheritance commences.

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