(영문) 전주지방법원 2017.06.01 2016나6562 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2017.06.01 2016나6562

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is rendered in accordance with paragraph (1).

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on July 30, 2015, and the co-inheritors inherited the G’s share by inheritance through the division agreement of inherited property. As the co-inheritors, the Plaintiff J (title of life before life: B), women G (name of May 15, 1997), the Plaintiff A, C, C, and C, a son of G, was the sole heir of G through the division agreement of inherited property.

B. On February 19, 2010, the Deceased, prior to his death, donated to the Defendant the real estate listed in the separate sheet owned by him (hereinafter “instant real estate”) and completed the registration of ownership transfer in the name of the Defendant based on the said donation on the same day.

C. There is no active and negative property of the deceased at the time of his death.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s assertion was in violation of the Plaintiffs’ legal reserve of inheritance by donating the instant real estate, which is one’s own entire property, the Defendant must return the legal reserve of inheritance to the Plaintiffs.

B. 1) According to the above facts, the plaintiffs, as co-inheritors of the deceased, can seek the return of the legal reserve when there is a shortage of legal reserve of inheritance due to the deceased's donation of the real estate in this case to the defendant. 2) The calculation method of legal reserve of inheritance is calculated by adding the value of the property owned by the deceased at the time of the commencement of inheritance to the value of the property owned by the deceased at the time of the commencement of inheritance (Article 1113(1) of the Civil Act) and deducting the total amount of the debts (Article 1113(1) of the Civil Act). The specific method of calculating shortage in the legal reserve of inheritance is as follows. The shortage in the legal reserve of inheritance = the amount of the legal reserve of inheritance [A] 】 the special benefit amount of the person entitled to the legal reserve of inheritance - the amount of the pertinent legal reserve of inheritance (C) - the amount of the positive inheritance of the person entitled to

참조조문

-민법 제1113조 제1항

유사 판례

-광주지방법원순천지원 2017.07.20 2016가합11944

-광주고등법원 2018.07.04 2017나13358

-대전지방법원서산지원 2014.06.27 2013가단1763

-수원지방법원 2014.10.24 2013가단228227

-수원지방법원 2018.01.25 2016가단537175