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(영문) 대구지방법원 2017.12.14 2016가단105845
유류분반환
Text

1. The defendant is among each real estate listed in the separate sheet:

A. As to shares 51,347,275/504,295,670 shares to Plaintiff A, respectively,

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of the network F.

B. The F died on April 13, 2015, and his heir is either the Plaintiffs and the Defendant.

On March 6, 1970, an indication of donated property (the date of registration of transfer) No. 152 square meters in Daegu-gu I, Daegu-gu I on May 20, 2013 ( May 27, 2013), G 2, 8, 1, 1971, G 1, G 1, G 2, G 8, G 1, G 2, G 8, 1, 1971 ( February 8, 1980) G 2, G 8, G 1, 1980, G 2, 206, G 26, 2, and 305, 203, G 3, G 152 square meters in 42 square meters in 20,53 ( May 27, 2013).

C. F, before the birth, donated each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to the Defendant as listed in the following table:

(In the case of real estate Nos. 1 and 2, the grounds for registration are included in the sale, but in fact it is a donation without receiving the purchase price) [based on recognition], there is no dispute, entry in the evidence No. 1 through 3, the evidence No. 4-1 through 6, and the purport of the whole pleadings.

2. In a case where there is a shortage of legal reserve of inheritance between the deceased and the co-inheritors who are co-inheritors, due to the donation of war, etc. by the deceased against the defendant who is another co-inheritors, the plaintiffs can seek the return of the property donated to the defendant within the extent of the shortage. As such, the issue of whether there

(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The net benefit amount (D) of the person holding the right to the legal reserve of inheritance of the inheritance of the deceased - The amount of inheritance of the deceased 1/23 = the amount of the property acquired by the person holding the right to the legal reserve of inheritance of the deceased - the amount of the property acquired by the inheritance of the person holding the right to the legal reserve of inheritance of the deceased - the amount of the property acquired by the person holding the right to the legal reserve of inheritance of the deceased

B. Legal reserve of inheritance (A) is calculated by adding the value of the property at the time of the commencement of the inheritance to the value of the property of the inheritee, and the value of the inherited property.

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