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(영문) 전주지방법원 2018.08.17 2017나3607
유류분반환
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 17,43,310 and the defendant shall pay to the plaintiff the amount of KRW 17,43,310.

Reasons

1. Facts of recognition;

A. The relationship 1) The parties’ relationship 1) the net F (hereinafter “the network”).

(A) On July 28, 1961, the Plaintiff and the Defendant, the Co-Defendant A, C, D (hereinafter each “A”), C, and D are only children of the Plaintiff and the Defendant, the first instance court co-defendant A, C, and D.

(2) The deceased died on September 9, 1980 and December 12, 2014, respectively.

B. On September 21, 2014, the Deceased’s Real Estate Donation 1) On September 21, 2014, each of the real estate listed in the separate sheet (hereinafter “the real estate”).

(2) On the 26th of the same month, the Defendant donated each of the above real estate to the Defendant, and the Defendant completed the registration of ownership transfer on the grounds of the above donation. (2) Meanwhile, on April 14, 2014, the Deceased was the “O land of which is less than 2,403 square meters prior to the YYO in the Gowon-gun, Gowon-gun.”

(B) The N has donated the above land on the 22th of the same month, and the above N completed the registration of ownership transfer based on the above donation. [Grounds for recognition] Facts that there is no dispute, Eul evidence Nos. 1 through 8, Eul evidence Nos. 1 through 1, 2, 4, 5, 10 (including paper numbers, hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Summary of the plaintiff's assertion

A. 581,119,600 won (i.e., the value of each of the instant real property and the instant O’s land at the time of commencing the inheritance (i.e., the value of KRW 524,168,500, the value of each of the instant O’s land at KRW 56,951,100), which is the basis of calculating the legal reserve of inheritance, shall be KRW 451,119,600,000,000,0000,0000,000 won (hereinafter “Non-Stopate”) for the total of the secured debt of the right to collateral security established by the Defendant and N as to each of the instant real property.

B. The Plaintiff’s shortage in legal reserve of inheritance is 1/10, and there is no property donated by the Plaintiff to the deceased before his/her birth. Thus, the Plaintiff’s shortage in legal reserve of inheritance is 45,111,960 won (=451,119,600 won x 1/100).

C. The defendant's violation of legal reserve of inheritance and N are the plaintiff's legal reserve of inheritance in excess of legal reserve of inheritance.

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