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(영문) 광주고등법원 2018.07.04 2017나13358
소유권이전등기말소 등
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 ordered.

Reasons

1. Basic facts

A. The Plaintiffs were children between the network D (hereinafter “the deceased”) and the network E, and the deceased married with the Defendant on April 2, 2005 after the deceased’s death.

B. On December 26, 2005, the Deceased donated the real estate No. 17 listed in the separate sheet to the Defendant, and on December 28, 2005, the registration of ownership transfer was completed on the ground of the above donation to the Defendant.

C. On July 21, 2008, the Deceased donated the real estate Nos. 1 to 16 as indicated in the [Attachment List] to the Defendant, and the next day the registration of ownership transfer was completed for the Defendant’s donation.

The Deceased died on January 10, 2014, and there was no active property at the time of death, and the remaining inheritors (G, H, I, and J, which are other children of the deceased) other than the Plaintiffs and the Defendant, waives inheritance, the Plaintiffs’ share of inheritance is 2/7 and the Defendant’s share of inheritance is 3/7.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

A. Since the Plaintiffs were co-inheritorss with the Defendant to calculate the shortage in the legal reserve of inheritance, when the Plaintiffs’ legal reserve of inheritance becomes insufficient due to the donation or testamentary gift made by the deceased to the Defendant, they may claim the Defendant to return the shortage to the Defendant to the extent that it does not infringe the Defendant’s legal reserve of inheritance. The shortage in the legal reserve of inheritance = [A] x the amount of the legal reserve of inheritance x the ratio of the persons holding the right to the legal reserve of inheritance (B) - the special profit (C) - A/ the amount of the right to the legal reserve of inheritance - the amount of the legal reserve of inheritance - the amount of the legal reserve of inheritance = the amount of the inheritance inheritance - the amount of the property acquired by the person having the right to the legal reserve of inheritance of the deceased = the amount of the inheritance - the amount of the property acquired by the lineal descendants and the spouse of the inheritee /

(b) Shortage in legal reserve of inheritance shall be calculated as one legal reserve of inheritance;

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