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(영문) 인천지방법원부천지원 2019.09.04 2019가단10028
소유권이전등기
Text

1. Defendant D’s each of the Plaintiffs’ KRW 33,33,333 and its related amount shall be governed by the Civil Act from January 23, 2019 to September 4, 2019.

Reasons

1. On July 29, 2012, the fact that the plaintiffs and the defendant D inherited as a result of the death of the network of facts without dispute, hereinafter referred to as "net E", is no dispute between the parties.

2. Determination as to the claim against Defendant C

A. On February 25, 2009, the Plaintiff sought a return of legal reserve of inheritance against Defendant C on the ground that the Deceased donated 1/3 shares of each of the real estate listed in the separate sheet to Defendant C and infringed the Plaintiffs’ legal reserve of inheritance. However, according to Article 1114 of the Civil Act, the donations to be included in the underlying property of calculation of legal reserve of inheritance were made for one year prior to the commencement of inheritance. Since it is apparent that the deceased’s donation to Defendant C was made one year prior to the commencement of inheritance, the Plaintiff’s claim against Defendant C is without merit.

B. As to this, the Plaintiff asserted that the provisions of Article 1114 of the Civil Act shall be included in the basic property for calculating the legal reserve of inheritance without relation to whether the co-inheritors made a special benefit by being exempted from the application of the provisions of Article 1114 of the Civil Act in the case where the co-inheritors made a special benefit. However, as seen earlier, the Plaintiff’s assertion is rejected

3. Determination as to the claim against Defendant D

A. Legal reserve of inheritance shall be calculated on the basis of the amount calculated by adding the value of the donated property at the time of the commencement of the inheritance to the value of the donated property at the time of the commencement of the inheritance and deducting the amount of the inherited obligation. If there is a person who has made special profits from the donated property from among co-inheritors by the donation of property before the commencement of the inheritance, the donation shall be excluded from the application of Article 1114 of the Civil Act, and shall be included in the basic property for calculating legal reserve of inheritance regardless of whether the donation was before the commencement of the inheritance, and whether both parties knew that damage would be inflicted

(See Supreme Court Decision 95Da17885 delivered on February 9, 1996, etc.). At the time of death.

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