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(영문) 부산지방법원 2020.08.11 2019가단344664
유류분반환
Text

1. The defendant shall make a legal reserve of inheritance on January 3, 2020 with respect to each of the 1/8 shares in the real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 4, 2018, D completed the registration of ownership transfer on the ground of donation (hereinafter “instant donation”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant.

B. D died on September 18, 2019, and as its heir, there are the Plaintiffs and the Defendant, and the spouse F, children, G, H, and I, who were children E, died before D’s death.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition, due to the gift of this case, the defendant, co-inheritors, acquired the real estate of this case, resulting in a shortage of legal reserve of inheritance of this case, thereby infringing their legal reserve of inheritance.

Unless there are other special circumstances, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to each one-eight share of the plaintiffs among the above real estate, which corresponds to the legal reserve of inheritance.

In this regard, the Defendant independently supported the mother's parent by paying D's medical expenses, etc. In light of this, the gift of this case can not be viewed as a special benefit as the advance payment of the inherited portion.

However, even if there is a person among co-inheritors who particularly supported an inheritee for a considerable period of time, or contributed specially to the maintenance or increase of the inheritee’s property by means of accommodation, nursing, or by any other means, unless the contributory portion is determined by an agreement among co-inheritors or a family court’s adjudication, the entitlement to a contributory portion cannot be claimed in a lawsuit seeking the recovery of the entitlement to a contributory portion. Even if the entitlement to a contributory portion was determined by an agreement among co-inheritors or by a family court’s adjudication, the contributory portion cannot be deducted in calculating the entitlement to a contributory portion, and it cannot be claimed for the return of the entitlement to a

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