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(영문) 창원지방법원진주지원 2017.08.24 2016가단2556
유류분반환
Text

1. Defendant D:

A. Of each of the real estate listed in attached Tables 3-10 and 1232/100 shares to Plaintiff A and C.

Reasons

1. Facts of recognition;

A. The netF died on December 14, 2015.

As his property heir, Defendant D and the plaintiffs are children.

B. The Deceased donated each of the real estate listed in [Attachment List 1-12] to the Defendants or their children G before birth. The Defendants and G completed the registration procedure for ownership transfer on February 23, 2012 with respect to each of the said real estate on February 23, 2012.

G re-donations the real estate of the same list Nos. 2 and 12 donated by the deceased to Defendant E, and Defendant E completed the registration of transfer of ownership on May 29, 2014 with respect to each of the above real estate on the ground of donation on May 26, 2014.

The real estate number of Defendant E-2 IG 2014-5-29, which was non-owner of the real estate number of Defendant D-3 J D-4 K Defendant D-5 L, Defendant D-6 N, Defendant D-7 N, Defendant D-7, N, 2013-7-5, which was transferred to Defendant E on September 9, 201, to Defendant D-10 Q 110 Q 12 SG 2014-5-29.

C. The Deceased donated, around August 6, 1998, the real estate listed in [Attachment List No. 14, and around June 2012, the real estate listed in Annex No. 13, respectively, to the Plaintiff B, and the Plaintiff B completed the registration of ownership transfer for each of the above real estate.

At the time of death, there was no particular positive and negative property for the deceased.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs, as co-inheritors of the deceased, may seek the return of the property donated to the Defendants within the extent of the shortage when there is a shortage in the plaintiffs' legal reserve of inheritance due to the birth donation made by the deceased to the Defendants and their children G, and the method of calculating the shortage is as follows.

Shortage in legal reserve = [A] basic amount of property calculated as legal reserve of inheritance 】 (B) - Special amount of profit (C) to the person holding the right to legal reserve of inheritance - The net amount of inheritance (D) to the person holding the right to legal reserve of inheritance = the amount of donated property with positive inherited property.

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