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(영문) 서울동부지방법원 2020.07.07 2019가단115069
유류분반환 청구의 소
Text

1. On March 26, 2019, the Defendant: (a) shares of 1/12 of the real estate listed in attached Tables 1 through 5 to the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on October 31, 2018, and the deceased’s heirs have children, the Plaintiff, Defendant, D, E, E, F, deceased on July 9, 2005, and the deceased’s spouse H, children, I, and J, who were their spouses, due to the death of July 9, 2005.

B. At the time of death, the deceased bequeathed the real estate of this case to the defendant. On January 23, 2019, the defendant completed the registration of ownership transfer based on testamentary gift as to the real estate of this case among the real estate listed in the separate sheet (hereinafter “the real estate of this case”, and according to the sequences 1 through 5), and completed the registration of ownership transfer based on testamentary gift as to the real estate of this case 2 through 5 on January 30, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above recognition of the duty to return legal reserve of inheritance, the defendant is obligated to return the shortage of legal reserve of inheritance among the real estate of this case to the plaintiff pursuant to the provisions of Articles 1112, 1113, and 1115 of the Civil Act.

B. The method of calculating shortage in the legal reserve is as follows. Shortage in the legal reserve = Shortage in the legal reserve of inheritance (the amount of active property (the amount of inherited property - the amount of inherited property - the amount of inherited property - the amount of the plaintiff's special profit - the plaintiff's amount of the legal reserve of inheritance) - The amount of basic property calculated for the plaintiff's net share of inheritance - the amount of the plaintiff's special profit 2) shall be calculated based on the amount calculated by adding the value of the property donated for one year prior to the commencement of the inheritance to the value of the active property of the deceased at the time of the commencement of the inheritance and deducting the amount of the inheritance obligation. If one of the co-inheritors receives a donation from the deceased, it shall be calculated based on the value of the property donated for one year prior to the commencement of the inheritance, without relation whether the donation was made for one

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