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(영문) 전주지방법원 2016.07.26 2016가단617
소유권이전등기
Text

1. The Defendant’s legal reserve of inheritance on July 30, 2015 with respect to one-half of each share of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On July 30, 2015, Non-party E (hereinafter “the deceased”) died. The co-inheritors were Non-party F, Plaintiff B, Non-Party G (Death on May 15, 1997), Non-Party A, Plaintiff H, and Defendant D, and Plaintiff C was the sole heir of the deceased G through an inheritance division agreement, and succeeded to the deceased G’s inheritance shares on behalf of the deceased.

B. On February 19, 2010, the deceased, on February 19, 2010, donated the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) to the Defendant, and the ownership transfer registration was made in the name of the Defendant on the ground of donation made on February 19, 2010. At the time of death, the deceased did not possess the real estate as well as the instant real estate, and did not bear any obligation.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. Determination

A. According to the above facts, the plaintiffs, as co-inheritors of the deceased, can seek the return of the legal reserve to the extent of the shortage when there is a shortage of legal reserve due to the deceased's donation of the real estate in this case to the Defendants as seen earlier. 2) The amount of the legal reserve of the deceased's legal reserve of inheritance exceeds the value of the property the deceased contributed to at the time of the commencement of the inheritance. Among them, the amount of the legal reserve of the deceased's legal reserve of inheritance was determined by deducting the total amount of the property the deceased contributed to at the time of the commencement of the inheritance, which is the basis for the calculation of the legal reserve of inheritance.

The amount of infringement of the legal reserve of inheritance should be deducted from the amount of the legal reserve of inheritance when the person with the right to legal reserve of inheritance obtains special profits, and the amount should be deducted from the amount of the legal reserve of inheritance of the person with the right to legal reserve of inheritance of the property.

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