logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.11.30 2016가합110565
유류분반환
Text

1. For the plaintiffs:

A. As to each portion of the real estate listed in [Attachment C] Nos. 1, 2, and 3, the Defendant C shall attach a separate sheet.

Reasons

1. Basic facts

A. On June 15, 2016, the decedent G (hereinafter “the decedent”) died.

B. The deceased’s heir as the deceased’s spouse H, children, and Defendant C, F, and children network I as the substitute heir of H, K, and L.

Legal shares of the Plaintiffs, Defendant C, and F are 2/13 shares, respectively.

C. Defendant D is the spouse of Defendant C, and Defendant E is the child born between Defendant D and C.

At the time of death, the decedent owned 93/324 shares of the real estate listed in the attached list Nos. 1, 2, and 3 and the real estate listed in paragraph 4 of the same list.

(hereinafter referred to as “real estate 1 through 4” in the order of the above real estate, and when they are referred to as “the instant real estate”, they shall be deemed to be “the instant real estate”).

Defendant C completed the registration of ownership transfer on September 8, 2016 with respect to the portion of 1, 2, and 3 real estate due to legacy on June 15, 2016, and on the portion of 93/324 among the 4 real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Since the Plaintiffs’ assertion that the instant real estate was bequeathed to Defendant C and donated the real estate owned by the inheritee to the Defendants, the Defendants should return the shortage in the legal reserve of inheritance of the Plaintiffs, such as the Plaintiffs’ claim, to the Defendants.

3. Determination

(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 property on the basis of calculation of the legal reserve of inheritance 】 - The amount of special revenue (C) from the person with the right to the legal reserve of inheritance - The amount of net inheritance (D) of the person with the right to the legal reserve of inheritance + the amount of positive inherited property + B 1/23 of the amount of inheritance of the inheritee / the lineal descendant and spouse of the inheritee / the amount of inheritance of the person with the right to the legal reserve of inheritance + the amount of inheritance of the person with the right to the legal reserve of inheritance

arrow