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(영문) 대전지방법원 홍성지원 2021.03.26 2018가단7818
소유권이전등기
Text

Defendant D pays each of the Plaintiffs KRW 2,500,711, and Defendant E pays each of KRW 3,684,198. The costs of the lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the Deceased”) died on December 30, 2017. The Plaintiffs, the Defendants, G, and H are the deceased’s children.

B. At the time of the deceased’s death, each real estate as indicated below is included in the following table.

At the time of commencement of inheritance to indicate inherited property, 3/4,80 = 21,441,40 m21,562 m21,760 m2,760 m2,760 m2,760 m2, 3760 m2,760 m2,700 3,102 m2,652,000 m26 m26 m26 m26 m26 m26 m26 m26 m2, 218,40 m2,145,00 m2,162,20 m2,00 m2,00 m2,00 m2,145,00 m2,00 m2,162,20 m3/4 m3/4 m26 m26 m26 m26 m26

2. Determination

A. 1) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property held by the decedent at the time of inheritance commencement, and deducting the total amount of debts (Article 1113(1) of the Civil Act). The specific calculation method shall be as follows:

Shortage in legal reserve of inheritance = [A] amount of property which forms the basis for calculating legal reserve of inheritance 】 (B) ratio of oil of the person entitled to legal reserve of inheritance 】 amount of special profit of the person entitled to legal reserve of inheritance - amount of (C) the amount of the net share of inheritance of the person entitled to legal reserve of inheritance / (D) amount of the person entitled to legal reserve of inheritance / amount of positive inheritance / amount of donation / amount of 1/2 C = increase in the number of lineal ascendants and descendants of the inheritee and the spouse of the inheritee / number of persons entitled to legal reserve of inheritance / amount of property acquired by the person entitled to legal reserve of inheritance - amount of property acquired by the person entitled to legal reserve of inheritance - amount of property (A) which forms the basis for calculating legal reserve of inheritance 2) / amount of positive inheritance at the time of death of the deceased 202,162,200 won.

B) According to the evidence set forth in subparagraph (C) (1) of the Defendants’ special proceeds amount, the Defendants are recognized as having received each real estate from the deceased before the deceased’s birth as indicated in the following table.

5. Serial of real estate

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