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(영문) 광주지방법원순천지원 2017.08.29 2015가단78660
유류분반환청구의소
Text

1. On December 4, 2015, the Defendant’s share of 119,560,503/1,076,284,70 among the real estate listed in attached Table 1 attached hereto to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased E (hereinafter “the deceased”) married with Nonparty F, and 1 South and North Korea (hereinafter “I”) were married with Nonparty F, and maintained the Defendants’ mother’s de facto marital relationship with Defendant D, H, and I for the same period, and 1 South and North Korean women (hereinafter “Plaintiff A and Plaintiff B”) were married with Nonparty F.

B. The Deceased died on August 22, 2015, and the legal portion of the deceased’s heir’s inheritance is Nonparty F’s 3/17, the Plaintiffs, the Defendants, the Defendants, G, H, and I respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and the purport prior to pleadings

2. Determination

A. If there is a shortage of the plaintiffs' legal reserve due to legacy, gifts, etc. made by the deceased against the defendant as the heir of the deceased, the plaintiffs can seek to return the shortage to the defendant within the extent of the shortage. Thus, this study examined whether there was a shortage of the plaintiffs' legal reserve of inheritance and the scope of return.

The calculation method of the shortage in legal reserve of inheritance shall be as follows:

유류분 부족분 = [유류분 산정의 기초가 되는 재산액(A) × 당해 유류분권자의 유류분 의 비율(B)] - 당해 유류분권자의 특별수익액(C) - 당해 유류분권자의 순상속분액(D) A = 적극적 상속재산(유증포함) 증여액 - 상속채무액 B = 피상속인의 직계비속은 그 법정상속분의 1/2 C = 당해 유류뷴권자의 수증액 수유액 D = 당해 유류분권자가 상속에 의하여 얻는 재산액 - 상속채무 분담액

B. On August 22, 2015, the defendant, on August 22, 2015, who is the basis for calculating legal reserve of inheritance (A) active inherited property (beat), is as follows (attached Form 1 list).

The registration of ownership transfer based on testamentary gift shall be completed with respect to each real estate recorded.

The market price based on August 22, 2015, which was the commencement date of inheritance, is as follows:

The market value of the property shall be 47,526,500 m2, 2569 m370 m2,440,000 m370 m2, 370 m2,00 m2,000 m2,00 m2,000 m2,000 m245,188,200 m2,00 m2.

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