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(영문) 대전지방법원천안지원 2020.11.27 2019가합104047
유류분반환청구
Text

1. The defendant

A. As to Plaintiff A, B, and D respectively KRW 107,093,932 and its KRW 50,000,000 among them, May 16, 2018, and 57.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) died on August 1, 2017, and his heir is the Plaintiffs and the Defendant, who are children.

B. On February 19, 2003, the Deceased donated 10,393 square meters to the Defendant prior to Asan-si, Asan-si, and the Defendant completed the registration of ownership transfer based on the above donation on February 21, 2003.

C. On September 7, 2005, the previous G G 10,393 square meters were divided into 10,109 square meters and 284 square meters prior to H on September 7, 2005. The previous G 10,109 square meters were divided into 4,514 square meters prior to G and 5,595 square meters prior to G on June 16, 2014, and the said 5,595 square meters was divided into 3,029 square meters prior to I on June 18, 2015 and 2,566 square meters prior to J.

(hereinafter referred to as the “instant real estate” by adding all the land divided as above

D. On September 5, 2005, the Defendant sold 284 square meters to K prior to the above H, and on May 8, 2006, the land category was changed to land for factory on May 8, 2006.

E. On August 13, 2014, the Defendant sold 4,514 square meters prior to the foregoing G to L Co., Ltd., and the land category was changed on October 13, 2014.

F. On July 3, 2014, the Defendant sold 5,595 square meters to M prior to the subdivision, and on November 30, 2015, the land category was changed to land for a factory on November 30, 2015 with the area of 3,029 square meters divided among the said real estate.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. Since the plaintiffs' inheritance of the real estate of this case, which is the only property owned by the deceased before his death, was infringed upon, the defendant is obliged to return the legal reserve of inheritance to the plaintiffs according to the ratio of legal reserve of inheritance.

3. Determination

(a) Shortage in the calculation method of shortage in the legal reserve of inheritance = [A] 】 The amount of property that forms the basis for calculating the legal reserve of inheritance 】 the amount of special earnings (C) from the person holding the right to the legal reserve of inheritance - The amount of net inheritance (D) of the person holding the right to the legal reserve of inheritance - The amount of inherited property - The amount of inherited property - The amount of lineal descendants of the inheritee.

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