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(영문) 창원지방법원마산지원 2020.10.28 2019가합100585
소유권말소등기
Text

Defendant C shall pay each of the Plaintiffs KRW 64,282,175.

Defendant D shall have the patent right listed in the separate sheet against the Plaintiffs.

Reasons

1. Basic facts

A. On February 2, 1982, the network E (hereinafter “the deceased”) married with F on February 2, 1982, and thereafter, the Plaintiffs were born between F and F, and there was a divorce between F and F on June 7, 2005.

On September 18, 2007, the Deceased reported a marriage with Defendant C on September 18, 2007, and he adopted G and Defendant D, a child of Defendant C, as the deceased’s child.

Since then, the Deceased died on March 13, 2019.

B. The affirmative and passive property in the deceased’s name at the time of the deceased’s death is recorded in the list of attached property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2, 3, Gap evidence 4-1 to 6, Gap evidence 5-1 to 5, Gap evidence 8, and the purport of the whole pleadings

2. Since the Plaintiff’s assertion of the real estate (hereinafter “instant factory”) donated the real estate indicated in the attached list to Defendant C, and the patent rights listed in the attached list of patent rights (hereinafter “instant patent rights”) to Defendant D infringed on the Plaintiffs’ legal reserve of inheritance, the Defendants should either refund the Plaintiff’s shortage in legal reserve of inheritance or transfer the Plaintiff’s share of patent rights equivalent to the ratio of legal reserve of inheritance, such as the Plaintiff’s claim stated.

3. Determination

A. Since the Plaintiffs who occurred in the right to claim the return of legal reserve of inheritance are the deceased’s inheritors, in a case where there is a shortage in their legal reserve of inheritance due to the donation made by the deceased to the Defendants who are other co-inheritors, other co-inheritors may claim the return of the property to

(b) Shortage in the method of calculating 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) from the person holding the right to the legal reserve of inheritance - The amount of inheritance (including testamentary gift) - The amount of inheritance debts B = the amount of inheritance debts of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of 1/23 = the amount of inheritance of the lineal descendants and the spouse of the person holding the right to the legal reserve of inheritance of d = the

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