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(영문) 인천지방법원 2019.05.15 2017가단245407
유류분반환청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 118,50,000 and the interest rate of KRW 15% per annum from December 4, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. C died with the Plaintiff, D, E, Defendant, and F as its lineal descendant on October 22, 2016.

(hereinafter referred to as “the deceased”). B.

G Real Estate Ownership Relations 1) On July 10, 1990, the Deceased is referred to as “G real estate” in total as “G real property”, including the site and buildings of the third floor neighborhood facilities and housing buildings of the building site and the above ground of the building site in Nam-gu Incheon Metropolitan City.

(B) On July 29, 1997, the deceased purchased the shares and completed the registration of ownership transfer on the ground of gift in the future of the defendant on July 16, 1990. 2) On December 29, 1997, the deceased completed the registration of ownership transfer on the ground of gift in the future of the defendant.

3) The Defendant completed the registration of transfer of ownership on G real estate on December 28, 2006 on the ground of sale as of November 17, 2006. (c) The Deceased’s ownership of I real estate was completed on June 9, 2005, by purchasing one-six-six percent of the land size of Incheon Songdo-gu I, Incheon (hereinafter “I real estate”) and completing the registration of transfer of ownership on February 21, 2008.

On May 12, 2016, the Deceased completed the registration of ownership transfer on the ground of donation.

2) On May 12, 2016, the Defendant completed the registration of transfer of ownership by reason of trust in the future of JJ Co., Ltd. (Evidence Nos. 1, 2-1, 2-2, and 3, respectively, and the purport of the whole pleadings.

2. Assertion and determination

A. The plaintiff asserts that since the plaintiff's legal reserve of inheritance was infringed upon by the deceased's birth donation to the defendant, the defendant should return the shortage of legal reserve of inheritance to the plaintiff, as stated in the plaintiff's claim.

In this regard, the defendant asserts that the difference in the legal reserve of inheritance claimed by the plaintiff is unfair, since other inheritors including the plaintiff also received a prote donation from the deceased.

B. shortage in the calculation method of the Plaintiff’s legal reserve of inheritance at the time of the commencement of the inheritance shall be calculated by the following methods after the specific period of the property at the time of the commencement of the inheritance.

legal reserve of inheritance;

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