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(영문) 수원지방법원안양지원 2016.06.30 2014가합103980
소유권이전등기 등
Text

1. The defendant shall be the plaintiff.

A. Of each real estate listed in the table Nos. 22 through 24 attached hereto, 414,602,916/6,641,934,949 shares.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on January 19, 2014, and the deceased (hereinafter “D”) on July 1, 2014.

On March 28, 2010, the deceased died on March 28, 2010, before the death of the deceased, Defendant, E, F, G, and G with their children, and K and L were their children, who were the spouse of the deceased G.

H and I had been employed.

B. No inherited or inherited property may be found at the time of the deceased’s death.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 23 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff, as the inheritor of the deceased, can seek the return of the legal reserve of inheritance to the extent that the shortage of the plaintiff's legal reserve of inheritance occurs due to the donation or testamentary gift to the defendant, who is another co-inheritors of the deceased.

(b) Shortage in the calculation method of statutory reserve of inheritance may be calculated according to the following methods:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 (B) - The amount of special profit from the person entitled to the legal reserve of inheritance (C) - The amount of the pertinent legal reserve of inheritance + the amount of positive inherited property + the amount of inherited property + B 1/23 in case of lineal descendants of the inheritee, and the spouse / the amount of inherited property + the amount of inheritance + the amount of inheritance + the amount of inheritance ? D = the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount

C. Legal reserve of inheritance, such as property(A) 1 related legal principles, shall be calculated based on the amount calculated by adding the value of donated property to the value of the property of the inheritee at the time of commencing the inheritance and deducting the inherited obligation, but if there is a person among co-inheritors who has made special profits by means of a pre-sale donation of property from the inheritee, the application of Article 1114 of the Civil Act shall be excluded.

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