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(영문) 수원지방법원여주지원 2016.06.28 2014가단32207
유류분반환청구
Text

1. Defendant C’s share of 1/13 of each of the real estate listed in the separate sheet Nos. 1 through 6 to the Plaintiffs on March 2016.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants’ father, the father, died on June 22, 2013.

As the inheritor of the deceased, there are the Plaintiffs, who are spouse F and their children, the Defendants, and G.

B. The Deceased is not more than 'the real estate listed in the separate sheet Nos. 1 to 6' of the case No. 1 to 6.

As to Defendant C, the registration of ownership transfer was completed as follows.

Grounds for receipt of indication of real estate

1. The donation made on November 8, 2006, No. 38248, Nov. 8, 2006, Haju-si, H 3039§³ support

2. The donation made on November 8, 2006, No. 38248, Nov. 8, 2006, No. 38248, Nov. 8, 2006

3. Donation on November 30, 2006, No. 41858, Nov. 24, 2006

4. Donation on January 19, 2009, No. 1710, Jan. 14, 2009, to support 311 square meters of K forest land at a female city;

5. A donation made on January 19, 2009, No. 1710, Jan. 14, 2009, to a woman with a 440 square meters in a female city.

6. Donation on September 22, 201, No. 33131, Sept. 19, 201;

C. With respect to each real estate listed in the separate sheet Nos. 7 and 8 (hereinafter “instant 7 and 8 real estate”), each registration of ownership transfer was completed from N on June 3, 1997 by Defendant D on May 23, 1997.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1 to 8, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. 1 Determination on the cause of the claim is as follows: The difference in the calculation method of each shortage in the legal reserve of inheritance is as follows: = [The ratio of the person with the right to the legal reserve of inheritance (A) x the person with the right to the legal reserve of inheritance (B) - the special benefit (C) - the amount of the person with the right to the legal reserve of inheritance (D) - the value of the positive donated property - the amount of the legal reserve of inheritance obligation - the ratio of the person with the right to the legal reserve of inheritance (B = lineal descendants).

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