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(영문) 대전지방법원 2017.08.11 2016나112479
유류분반환 청구
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of the network E (hereinafter “the deceased”).

On March 2, 2015, the Deceased died, and his heir had F and his wife G in addition to the Plaintiffs and the Defendant.

B. On January 8, 2015, the Defendant received each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Deceased, and accordingly completed the registration of ownership transfer on March 2, 2015.

【Unsatisfy-founded facts, evidence No. 1 (including paper numbers; hereinafter the same shall apply)

2. Determination as to the cause of action

A. Shortage in the calculation method of shortage in the legal reserve = [A] shortage in the legal reserve of inheritance = (the amount of property forming the basis for the calculation of the legal reserve of inheritance 】 Special profit (C) with the person entitled to the legal reserve of inheritance ] - The net amount of inheritance (D) with the person entitled to the legal reserve of inheritance + the amount of positive inherited property + 1/23 of the amount of inheritance with the person entitled to the legal reserve of inheritance / the amount of inheritance / the amount of inheritance with the lineal descendants of the inheritee / the amount of inheritance with the amount of inheritance / the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of inheritance with the amount of inheritance / the amount of the property acquired by the person entitled to the legal reserve of inheritance - The amount of legal reserve of inheritance with the amount of property calculated by adding the value of the property donated by the inheritee at the time of inheritance commencement to the amount of inheritance calculated by the person entitled to the legal reserve of inheritance under Article 113 of the Civil Act.

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