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(영문) 대전지방법원천안지원 2017.04.13 2016가단111207
유류분반환 청구의 소
Text

1. The defendant holds 6/31 shares of the defendant among the real estate listed in the separate sheet Nos. 1 through 9, 11, and 14.

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”)’s heir was killed on August 11, 2016, with eight Plaintiffs, Defendant, and Nonparty I, who were their children.

B. On February 23, 2012, the Deceased completed the registration of transfer of ownership on the ground of donation to the Defendant as to the 6/31 share of the deceased’s share among each real estate listed in Articles 1 through 9, 11 through 14 of the Attached List. Of the real estate listed in paragraph (10) of the Attached List, the Deceased completed the registration of transfer on the ground of donation to the Defendant.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. Determination:

A. Since the deceased's assertion that the legal reserve of inheritance was infringed by the plaintiffs' donation of each real estate listed in the separate sheet, which is one's own property, to the defendant among the inheritors, the defendant is obligated to implement the procedure for ownership transfer registration based on the return of the legal reserve of inheritance on the portion of 1/16 of each real estate listed in the separate sheet, which is the ratio of the legal reserve of inheritance of this case.

B. 1) The plaintiffs, as co-inheritors of the deceased, may claim the return of the legal reserve of inheritance against the defendant to the extent that the shortage of the plaintiffs' legal reserve of inheritance occurs due to the deceased's donation to the defendant, and the calculation method of the shortage is as follows. The shortage in the legal reserve of inheritance = [A] 】 Special benefit amount (C) of the person holding the right to the legal reserve of inheritance 】 The net benefit amount of the person holding the right to the legal reserve of inheritance (D = positive benefit amount of inheritance + the inheritance amount of the deceased's spouse / 1/23 = the inheritance amount of the person holding the right to the legal reserve of inheritance + the inheritance amount of the deceased's spouse and lineal descendant ? D = the inheritance amount of the property acquired by the person holding the right to the legal reserve of inheritance of the deceased - the inheritance of the deceased at the time of the death of the deceased in this case.

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