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(영문) 전주지방법원군산지원 2015.12.15 2015가단637
유류분
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The underlying facts E (hereinafter “the deceased”) died on February 2, 2014. As co-inheritors, there are the Plaintiff, the Defendant, F, G, H, I, J, and K, who is a child, and the legal share of inheritance between the Plaintiff and the Defendant is one-eight, respectively.

On December 15, 2000, the Deceased donated each of the instant lands to the Defendant, and completed the registration of ownership transfer on each of the said lands.

There is no inheritance obligation at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 6, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion against the Defendant requires the Defendant to implement the procedure for ownership transfer registration on the ground of the return of legal reserve of inheritance with respect to 1/16 shares of each of the instant lands.

3. Determination

A. The plaintiff can claim the return of the legal reserve of inheritance to the defendant to the extent that there is a shortage in the plaintiff's legal reserve of inheritance due to the birth donation to the deceased's heir, and if there is a shortage in the plaintiff's legal reserve of inheritance.

B. The method of calculating the difference in the calculation method of the plaintiffs' legal reserve of inheritance is as follows:

Shortage in legal reserve = [A] 】 The amount of property on the basis of calculation of legal reserve 】 the ratio of the person entitled to legal reserve of inheritance (B) - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to legal reserve of inheritance + the amount of positive inherited property £« B 1/23 of the amount of inheritance with the spouse or lineal descendant of the inheritee = the amount of inheritance with the person entitled to legal reserve of inheritance £« the amount of inheritance with the amount of property acquired by the person entitled to legal reserve of inheritance / the amount of inheritance with the amount of property acquired by the person entitled to legal reserve

C. A: 439,549,800 won (based on recognition) is not disputed; Party A’s evidence Nos. 10; Party B’s evidence Nos. 2 through 5 (including each number); and the overall purport of the pleading; and the individual land price or individual housing price of the property owned by the deceased at the time of commencement of inheritance as of 2014.

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