(영문) 제주지방법원 2016.09.07 2015나3037 | 리걸엔진

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(영문) 제주지방법원 2016.09.07 2015나3037

유류분반환

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1. Upon the plaintiff's preliminary claim added at the trial prior to remand, the defendant is listed in the attached Table 2 list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendants, B, D, F, G, and C are co-inheritors of the deceased deceased on May 14, 2007 (hereinafter “the deceased”).

B. The Deceased completed the registration of ownership transfer on November 17, 2001 with respect to 3,260 shares on the part of the Defendant on November 17, 2001, and 2,148 shares on June 11, 2002 on the part of D on June 11, 2002.

C. In addition, on November 17, 2001, the deceased completed the registration of ownership transfer with respect to the portion 1,322/5,537/5, to B on November 17, 2001, among the land listed in [Attachment 1] List No. 2 (hereinafter “instant land No. 2”), to C and G on June 11, 2002, with respect to each share of 92/5,537/5,537/5, to D on June 11, 2002, to D on June 11, 200, to F on the portion of 992/5,537 as each gift.

After the death of the deceased, on June 26, 2007, the registration of ownership transfer was completed in the defendant's future on the ground of testamentary gift on May 14, 2007 as to the land listed in Attached Table 1 List 3 (hereinafter "the third land of this case"), which is owned by the deceased, and the building (hereinafter "the building of this case").

[Ground for recognition] Unsatisfy, the purport of the whole pleading

2. The plaintiff's summary of the plaintiff's assertion infringed the plaintiff's legal reserve of inheritance by donating or donating only to the remaining co-inheritors except the plaintiff with respect to the land Nos. 1, 2, 3 and the building of this case. Since the amount of legal reserve of inheritance infringed by the plaintiff's donation and testamentary gift act was KRW 127,573,177, the plaintiff is obligated to implement the procedure for registration of ownership transfer based on the return of legal reserve of inheritance as to the building

3. Determination

A. The calculation method of the Plaintiff’s shortage in the calculation of the Plaintiff’s legal reserve of inheritance based on the determination of the cause of the claim is calculated by deducting the Plaintiff’s special benefit from the amount calculated by multiplying the basic property in the calculation of legal reserve of inheritance by the Plaintiff.

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