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(영문) 수원지방법원평택지원 2017.06.29 2016가단41277
소유권이전등기
Text

1. The Defendants are Defendant 1 with respect to each share of 15/180 of the 1/2 shares of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. E and F are married couple, and Defendant C, Plaintiff A, B, and G, H, and I are their children, and E (hereinafter “the deceased”) died on May 23, 2014, and F on November 7, 2015.

Defendant D is the spouse of Defendant C.

B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by the Deceased, and the Deceased completed the registration of ownership transfer on October 24, 2012, based on the gift on October 24, 2012 (hereinafter “instant gift agreement”). On October 25, 2015, the Defendants completed the registration of ownership transfer by 1/2 shares, respectively, in the name of the Defendants.

C. No inherited or inherited property may be found at the time of the deceased’s death.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 3, 4, 5, and 6 (including each number), the purport of the whole pleadings

2. Determination

A. The amount of the statutory reserve of inheritance in the method of calculating shortage shall be calculated by adding the value of the property donated to him at the time of the commencement of the inheritance to the whole value of the property of the inheritee at the time of the commencement of the inheritance, deducting the total amount of the debts that the inheritee contributed at the time of the commencement of the inheritance, and determining the amount of the property on the basis of the calculation of the statutory reserve of inheritance. If the person having the right to the statutory reserve of inheritance obtains special profits, the amount shall be deducted.

Accordingly, shortage in legal reserve of inheritance can be calculated in the following formula:

Shortage in the legal reserve = [A] 】 The special profit (C) at the person having the right to the legal reserve of inheritance ? The net profit (D) at the person having the right to the legal reserve of inheritance ? The amount of positive inherited property £« B = the amount of inheritance 1/23 = the increased amount of inheritance at the person having the right to the legal reserve of inheritance + the amount of inheritance at the time of the spouse and lineal descendants of the inheritee / the amount of inheritance at the time of the person having the right to the legal reserve of inheritance ? the amount of inheritance - the amount of property acquired by the inheritance - the amount of

B. The affirmative inherited property and affirmative inherited property at the time of commencing the inheritance of the deceased (A) who are the basis for calculating the legal reserve of inheritance.

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