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(영문) 창원지방법원 진주지원 2018.08.07 2016가단37613
유류분반환
Text

1. Of the real estate listed in the separate sheet Nos. 1 and 2 to the Plaintiff, Defendant B shall share 236,690,271/2,367,575,160 shares.

Reasons

1. Basic facts

A. H married with I and placed the Plaintiff, J and the Defendants under its chain.

B. I died on November 4, 2010, and H died on December 19, 2015 (hereinafter “H”), the Plaintiff, the heir, and the Defendants’ inheritance ratio are 1/6, respectively.

C. On May 11, 2016, the Defendants completed the registration of ownership transfer with respect to each real estate listed in paragraphs 1 and 2 of the Attached List Nos. 1 and 2 (hereinafter “instant real estate”) in the name of the Deceased on the ground of legacy on December 19, 2015, Defendant B completed the registration of ownership transfer with respect to each of the shares of 6/3, Defendant C, D, and E, respectively.

On the other hand, the deceased donated the property owned by the Defendants, F, and G, who are the grandchildren of the deceased, before the birth, and the details of the donation are summarized as follows.

On December 1, 2015, on December 2, 2015, real estate listed in attached Table 1 (3) of the donee No. 1 as of the date of donation registration of property: F1/2 G1/2 as of December 2, 2015; and real estate listed in attached Table No. 6 of the attached Table No. 1/2 as of January 4, 2012; Defendant C1/2 as of January 10, 2012; Defendant C1/1/2 as of January 4, 2012; Defendant B4 as of January 4, 2012; Defendant B’s evidence No. 1 as of January 10, 2012; Defendant D’s evidence No. 5 as of January 10, 2012; Defendant 1-2 as of August 21, 2014; and Defendant B’s evidence No. 1-1 through 4; Defendant 1-2; and Defendant 1-1-2

2. The Defendants asserted that they were entitled to gift or testamentary gift from the Deceased, each of the real estate listed in the separate sheet, including the instant real estate, from the Deceased, and Defendant B and his wife were arbitrarily withdrawn and used KRW 98,621,424 of the deposit money owned by the Deceased.

Therefore, since there is a shortage in the plaintiff's legal reserve of inheritance, the defendants seek the return of originals, such as the purport of the claim, to the extent of the shortage.

3. Return of legal reserve of inheritance:

(a) Shortage in the calculation method of the legal reserve of inheritance = the calculation of the legal reserve of inheritance; and

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