logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.09.06 2016가단11935
유류분반환
Text

1. As to the Plaintiff KRW 28,951,613 and KRW 23,330,543 among them, the Defendant shall start on September 3, 2016 and the remainder of KRW 5,621.

Reasons

1. Facts without dispute;

A. The parties C died on February 28, 2016.

The heir of C (hereinafter referred to as "the deceased") has ten lineal descendants, including the plaintiff and the defendant.

B. At the time of the death of the deceased, the deceased had the following real estate at the time of the death, and the value at the time of the death of the above real estate is equal to the value below 743,918,100 won in total.

On the other hand, the deceased did not pay 1,009,510 won of local tax at the time of death.

1. Seogpo-si D 1,216,800 won;

2. Western-si E 189,292,400 won;

3. Western-si F. 69,615,800 won; and

4. Seogpo-si G 33,634,600 won;

5. Seogpo-si H 10,192,00 won;

6. Seocho-si I 51,788,400 won.

7. Seogpo-si J 388,178,100 won;

C. On August 2017, the deceased’s donation to the Defendant of the deceased’s transfer of real estate to the Defendant on or around August 2017, the value of the said real estate is as follows. The sum of the values is KRW 990,464,00.

1. Western-si 11,906,00 won; and

1. Lane land 139,147,300 won at Seopoposi;

1. Seogpo-si M 839,411,600 won;

2. Determination:

(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person with the right to the legal reserve of inheritance (C) - The amount of net benefit from the person with the right to the legal reserve of inheritance (D) / The amount of positive inherited property / The amount of inheritance / The amount of inheritance / The amount of inheritance / the lineal descendants and the spouse of the inheritee 1/23 = the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance - the amount of property acquired by the person with the right to the legal reserve of inheritance - the amount

B. A donation of property, which forms the basis of calculating legal reserve of inheritance, shall be calculated pursuant to the provisions of Article 1113 only for one year prior to the commencement of the inheritance, and when both parties knew that damage would be inflicted on the person entitled to legal reserve of inheritance, it shall include a donation made before one year (Article 1114 of the Civil Act). However, among co-inheritors, a donation made from the inheritee prior to the commencement of the inheritance.

arrow