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(영문) 대구지방법원 2017.09.22 2016가단10671
유류분
Text

1. For the plaintiffs:

A. Defendant C: (a) KRW 82,945,702, respectively, and 5% per annum from April 12, 2016 to September 22, 2017.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant C are children of the network E (hereinafter “the deceased”), and Defendant D is the spouse of Defendant C.

B. The deceased owned a F. F. 641 square meter (hereinafter “instant land”). On January 16, 2013, the deceased completed the registration of transfer of ownership with 2/3 shares and 1/3 shares to Defendant C, respectively, as the Daegu District Court’s Gun Office of Gun on the ground of donation on January 16, 2013, as the receipt on January 17, 2013.

C. On July 11, 1989, a building on the instant land (hereinafter “instant building”) was registered for preservation of ownership in the name of Defendant C.

On May 30, 1995, the deceased entered into a lease agreement with Lee Won-won and deposit KRW 10 million for the building of this case, and KRW 300,000 for the rent of KRW 40,000 for G and deposit KRW 40,000 for August 30, 1996, and KRW 50,000 for a year rent for the building of this case. On May 14, 2003, H and deposit KRW 20,000 for the rent of KRW 50,000 for each of the above lease agreements was renewed until the death of the deceased.

The Deceased died on October 27, 2015, and there is no active inherited property found at the time of the Deceased’s death.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3-1, Eul evidence 1 to 5 (including provisional number), and the purport of the whole pleadings

2. Determination

A. The amount of the statutory reserve of inheritance in the method of calculating shortage shall be calculated by adding the value of the property donated to him at the time of the commencement of the inheritance to the whole value of the property of the inheritee at the time of the commencement of the inheritance, deducting the total amount of the debts that the inheritee contributed at the time of the commencement of the inheritance, and determining the amount of the property on the basis of the calculation of the statutory reserve of inheritance. If the person having the right to the statutory reserve of inheritance obtains special profits, the amount shall be deducted.

Accordingly, the shortage in legal reserve of inheritance may be calculated in the following formula:

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