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(영문) 대전지방법원서산지원 2015.05.12 2014가단7966
유류분반환
Text

1. The defendant shall share 1/11 of each of the real estate listed in the separate sheet to plaintiffs A, B, C, and D.

Reasons

The plaintiffs are children of Nonparty deceased F (hereinafter referred to as “the deceased”), the defendant is the deceased’s wife, the deceased donated each real estate listed in the attached list (hereinafter referred to as “instant real estate”) to the defendant on April 2, 2012 and completed the registration of ownership transfer on the same day, and the deceased died on September 4, 2013, and there is no other inheritance between the parties.

According to the above facts of recognition, since the deceased donated the real estate of this case to the defendant, and there is a shortage of legal reserve of inheritance against the plaintiffs, the plaintiffs can claim the return thereof to the defendant to the extent of

The plaintiffs, as their children, are 2/11 of their respective legal portion of inheritance, so the ratio of legal portion of inheritance is 1/11 each, and the real estate of this case can be returned to their originals.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to 1/11 shares of the real estate of this case on September 17, 2014, which was the delivery date of a copy of the complaint of this case, for each of the real estate of this case.

The defendant defense to the effect that since he contributed to the maintenance of the real property of the deceased, which is the property of the deceased, it should be reflected in the return of the legal reserve. However, in a case where there is a person specially contributed to the maintenance or increase of the property of the deceased or specially supported by the deceased among co-inheritors, the calculation of the contributory portion shall be determined by an agreement among co-inheritors, and the family court shall, at the request of the contributor, decide the contributory portion by adjudication when the agreement is not reached or it is impossible to reach an agreement. As such, in a lawsuit claiming the return of the legal reserve of inheritance before the determination of the contributory portion, the defendant cannot assert as a defense that the contributory portion of the inherited property would be deducted by the heir from the contributory portion of the inherited property (see Supreme Court Decision 94Da8334, Oct. 14, 1994).

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