beta
Text
1. On June 28, 2016, the Defendant returned to the Plaintiff the share of 1/8 of each of the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On April 5, 2010, each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that was owned by the original network C (hereinafter “the deceased”) was registered for the transfer of ownership on the ground of donation on the same day.
B. On June 23, 2015, the Deceased died after having left D(ma), the Defendant (mamb), the Plaintiff (mam), and E(ma) as his bereaved family members. At the time, the Deceased did not have any property and did not have any obligation.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition 1), the plaintiff, the defendant, and Eul are co-inheritors, who are lineal descendants of the deceased, and their statutory inheritance portion is 1/4, respectively. Thus, the plaintiff's legal reserve of inheritance is 1/8 (=1/4 x 1/2). Since the deceased appears to have donated each of the real estate of this case, which is the only property of the defendant, who is the head of the defendant among his children before his birth, among the children, the deceased. Thus, it is reasonable to deem that the defendant violated the plaintiff's legal reserve of inheritance by receiving his sole property from the deceased who is the deceased (in case where there is a person who received special benefits from the deceased by the birth donation of the property from the deceased among co-inheritors, the provision of Article 1114 of the Civil Act shall be excluded. Thus, the donation is included in the basic property for calculating legal reserve of inheritance regardless of whether the deceased's inheritance was commenced one year prior to the commencement of inheritance, and whether both parties knew that losses will be inflicted on each of the plaintiff's share of this case).
B. As to the Defendant’s assertion, the Defendant first agreed on the donation of each of the instant real estate from the Deceased at the time of donation, and the said consent is given.