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(영문) 광주지방법원순천지원 2016.10.12 2015가단71959
유류분반환
Text

1. The Defendant’s KRW 58,540,108 among the Plaintiff and KRW 56,540,108 among the Plaintiff, shall be KRW 2,00,000 from April 14, 2015.

Reasons

1. The following facts are found either in dispute between the parties or in full view of the purport of the entire pleadings as a result of the market price appraisal by the appraiser C and the statement in Gap 1 to 5, 7 to 9 (including Serial evidence) and the appraiser C.

A. As the child of the deceased D (hereinafter “the deceased”), the original Defendant inherited the deceased’s property in proportion to 1/2 shares as the deceased died on December 10, 2014.

B. The details of the property donated to the Defendant before the deceased died are as follows.

1) On October 27, 2014, the Deceased (hereinafter “instant apartment”) on October 27, 2014, KRW 78,000,00,000 to the Defendant, E apartment Nos. 203,702 (hereinafter “instant apartment”).

On October 24, 2014, the registration of ownership transfer was completed on the ground of donation. 2) The Deceased donated the Defendant a total of KRW 132,760,430 from January 3, 2014 to December 10, 2014.

3) The Deceased’s vehicle in the F.C. 23.4 million won (hereinafter “instant vehicle”) to the Defendant in the absence of date.

C. The gift was made.

2. The assertion and judgment

A. When there is a shortage in the legal reserve of inheritance due to the donation or testamentary gift of the deceased as co-inheritors, the plaintiff can seek the return of the legal reserve of inheritance to the extent of the shortage to the extent of the shortage.

B. The amount of one calculation method regarding shortage in the legal reserve of inheritance shall be calculated by multiplying the amount of legal reserve of inheritance by the ratio of the legal reserve of inheritance under Article 1112 of the Civil Act, and if the person having the right to legal reserve of inheritance obtains special profits, the amount shall be deducted.

The amount of violation of legal reserve of inheritance is when there is property acquired by inheritance from the amount of legal reserve of inheritance calculated accordingly.

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