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(영문) 수원지방법원여주지원 2016.12.01 2015가단20621
유류분반환 등 청구의 소
Text

1. Defendant C shall pay to the Plaintiffs each share of 26,431,662/33,982,00 of the real estate listed in the separate sheet No. 1, and attached Form 1.

Reasons

1. On March 13, 2014, the deceased on the basis of the underlying fact-finding network F (hereinafter “the deceased”) died, and his heir is the Plaintiffs, the lineal descendants, and Defendant C, Nonparty C, H, and I, who are the wife.

The deceased completed the registration of ownership transfer on November 20, 1998 with respect to the real estate listed in the separate sheet No. 29205 (hereinafter “the real estate No. 1 of this case”) from among the respective real estate listed in the separate sheet, which he owned by the Suwon District Court, on November 13, 1998, as to the real estate listed in the separate sheet No. 29205 (hereinafter “the real estate No. 2 of this case”). The deceased completed the registration of ownership transfer on August 24, 2004 with respect to the real estate listed in the separate sheet No. 2 of the Suwon District Court (hereinafter “the real estate No. 2 of this case”) by donation as of August 24, 2004.

The shares of inheritance for the plaintiffs and the deceased of the defendant C are 2/13, and the ratio of the plaintiffs' legal reserve of inheritance is 1/13, respectively.

As to the instant real estate Nos. 1 and 2, Defendant C completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) of KRW 500 million with the maximum debt amount of KRW 500 million against the debtor C, the creditor D, and E on March 14, 2014, respectively, on the ground of the debtor’s mortgage contract, which was received as No. 18815, March 17, 2014.

[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence 1-1-2 to Gap evidence 2-2, purport of whole pleadings

2. Determination as to the claim for legal reserve of inheritance against Defendant C

A. The plaintiffs asserted that the defendant C is obligated to perform the registration procedure for transfer of ownership equivalent to the shares in the above real estate to the extent of excess of the legal reserve amount, since the defendant C infringed on the legal reserve of inheritance of the plaintiffs since it was donated the real estate Nos. 1 and 2 of this case from the deceased.

(b) The calculation method of shortage in the calculation method of shortage in legal reserve of inheritance shall be as follows:

(In the calculation of the group, it is less than won). Legal reserve of inheritance.

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