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(영문) 부산지방법원동부지원 2020.08.18 2019가단205888
소유권이전등기
Text

1.(a)

Defendant D’s 51,494,651 won and 27,301,364 won among them to Plaintiff A, from May 18, 2019, and 24,193

Reasons

Basic Facts

On July 14, 2018, the deceased F (hereinafter referred to as “the deceased”) died, and his heir was a spouse or child of G, H, I, J, Defendant D and deceased K (Death on October 21, 1995), who is a child, and there was the Plaintiffs, who are relatives of the deceased.

Defendant E is the spouse of Defendant D.

At the time of death, the Deceased does not own any separate active property except each of the real estates listed in the separate sheet (hereinafter “each of the real estates of this case”) bequeathed to the Defendants at the time of death.

Meanwhile, the value at the time of commencing the inheritance of each of the instant real estate is KRW 1,197,80,390.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence (including branch numbers in the case of additional number), the result of this court's entrustment of appraisal of appraiser L, the occurrence of legal reserve of inheritance and shortage of legal reserve of inheritance

(a) The calculation method of shortage in legal reserve of inheritance shall be as follows:

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 / (B) - the amount of the special profit (C) - the amount of the person entitled to the legal reserve / (D) at the net profit of the person entitled to the legal reserve / The amount of the affirmative inheritance - B = the amount of the inheritance obligation / the amount of the inheritance obligation / the amount of the inheritance obligation / the amount of the property acquired by the person entitled to the legal reserve - the amount of the property acquired by the inheritance -

B. Article 1114 of the Civil Act provides that “The value of the property, which forms the basis for calculating the legal reserve of inheritance, shall be calculated in accordance with the provisions of Article 1113 only if the donation was made for one year prior to the commencement of inheritance. If both parties knowingly make a donation to the person entitled to legal reserve of inheritance with the knowledge that damage would be inflicted on the person entitled to legal reserve of inheritance, the donation was made one year prior to the commencement of inheritance.” However, Article 1008 of the Civil Act applied mutatis mutandis pursuant to Article 1118 of the Civil Act, where there is a person who received a donation or testamentary gift from the inheritee among co

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