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(영문) 광주지방법원 2019.01.23 2018가단507979
유류분반환청구
Text

1. The Defendants respectively:

A. As to Plaintiff A and B, KRW 5,274,639, respectively, and its related thereto, from March 27, 2018 to January 23, 2019.

Reasons

1. Facts without dispute;

A. The decedent F died on January 25, 2018.

B. The Plaintiffs are children of the inheritee, and the Defendants are children of G who died on February 23, 2016 among their children.

As the inheritor of the inheritee, there are children of I who died earlier than H and the inheritee, in addition to the Plaintiffs and the Defendants.

The legal shares of the plaintiffs and H are 1/6 each, and the legal shares of the defendants are 1/12 each.

(c)The particulars of changes in the rights of real estate owned by the decedent are as follows:

On the other hand, there was no inheritance and inheritance obligation of the inheritee at the time of death of the inheritee.

(1) As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the transfer registration of ownership in the name of the deceased G was completed on January 16, 2012 due to the donation on the same day.

After that, the Defendants, the heir of the deceased G, are the parties to the instant real estate on March 15, 2016 each of the ratios of 1/2 shares in respect of the instant real estate in the same year.

23. 23. The registration of ownership transfer by consultation and division shall be completed.

(2) On March 7, 2016, with respect to the area of 804 square meters and K 2,589 square meters (hereinafter “the instant area”) in the Republic of Korea, Jeon-gun Jin-gun, J (J) (hereinafter “instant area of land”).

25. 25. The transfer registration of ownership in H was completed on the ground of the donation made by the donor.

2. Determination on the grounds for the claim

(a) Shortage in the calculation method of shortage in legal reserve of inheritance may be calculated through the following accounting formula:

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - The amount of the person entitled to the legal reserve of inheritance 】 The amount of the legal reserve of inheritance + the amount of the positive inheritance + the amount of the inheritance + B 1/23 for lineal descendants and the spouse of the inheritee / the amount of the inheritance + the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of the property acquired by the person entitled to the legal reserve

B. The relevant legal principles regarding the calculation of the legal reserve of inheritance (A) are the deceased.

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