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(영문) 대구지방법원안동지원 2017.11.29 2016가단22516
유류분반환
Text

1. The Defendant: (a) from September 15, 2017 to Plaintiff A, KRW 5,026,783, respectively, and each of them to Plaintiff B, C, and D.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 4 and Eul evidence No. 2 (including each number), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

On July 29, 2012, F died after having left Defendant B, C, and D, a husband, who is the plaintiff A, his children.

B. Meanwhile, the Defendant was born between G G on February 28, 2015 and the deceased deceased deceased deceased on October 17, 2003, one South-North 4 women born on October 17, 2003, and the above net F is three women among them.

C. On April 28, 2014, the deceased G (hereinafter “the deceased”) completed the registration of transfer on the ground of gift on April 25, 2014 with respect to ① 2,456 square meters prior to I permanent residence, ② 2,327 square meters prior to J, ② 459 square meters prior to K, 81 square meters prior to L, and the registration of transfer on the ground of gift on November 20, 207, ② Ma 3,329 square meters, respectively, on the ground of gift on November 19, 2007.

The deposit in the name of the deceased is 6,491,506 won, and the post office deposit in the name of the deceased is 2,855,240 won.

E. On the other hand, on October 206, 2006, the registration of ownership transfer was completed on September 17, 2006 on the deceased's day on October 20, 2006 with respect to the cement structure of the N, O 6-dong brick structure and the 6-dong 6-dong 6-dong 6-dong 6-dong 1st, one floor of the 101st floor (hereinafter "the 1st floor of this case").

2. Plaintiff’s assertion against the Defendant: (a) sought the return of legal reserve of inheritance due to the death of the deceased; (b) whether the loan of this case is included in inherited property; and (c) whether the lease deposit amount of KRW 50 million with respect to the loan of this case is included in inherited property; and (d) sought the return of legal reserve of inheritance as described in the purport of the claim

The plaintiff does not make the primary and conjunctive claim, and at the time of selective claim, sought the court's decision on whether the loan of this case includes the inherited property.

3. Determination

A. According to Articles 1112 and 1113 of the Civil Act, the shortage in the plaintiffs' legal reserve of inheritance is calculated as of the time of commencement of inheritance.

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