logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.02 2017가합60672
유류분 반환 청구의 소
Text

1. The defendant's KRW 42,59,906 for each of the plaintiffs and 5% per annum from June 11, 2017 to November 2, 2018, respectively, shall be applicable to the plaintiffs.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on May 25, 2016. The deceased was his/her lineal descendant with Defendant G, H, H, and I, and among them, H died on June 3, 2008, before the deceased’s death.

B. On May 23, 2011, the Deceased, as the Defendant’s children, donated each real estate listed in the attached Table 1 to J as the son of the Deceased (hereinafter “instant gift”), and completed the registration of transfer of ownership on May 26, 201.

C. At the time of the deceased’s death, each of the real estate listed in the separate sheet No. 2 (hereinafter “each of the instant real estate”). The deceased drafted a testamentary document (No. 420, 2014, a notary public, stating that each of the real estate listed in the separate sheet No. 2 No. 1 through No. 11, Apr. 11, 2014 was the Defendant, and that each testamentary gift (hereinafter “instant testamentary gift”) was made to G, respectively, on April 11, 2014.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 5 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion was that the deceased's donation of this case and the legacy of this case infringed on the plaintiffs' legal reserve of inheritance, which is the deceased's substitute heir of the deceased H., the defendant is obligated to return legal reserve of inheritance infringed on by the plaintiffs.

3. Return of legal reserve of inheritance:

A. Shortage in the calculation method of shortage in the legal reserve = [A] [the basic amount of the legal reserve of inheritance 】 the special amount of the person holding the right to the legal reserve of inheritance (B] - the amount of the right to the legal reserve of inheritance - The amount of the pertinent legal reserve of inheritance - The amount of the right to the legal reserve of inheritance - The amount of the right to the legal reserve of inheritance - B = the amount of the property acquired by the right to the legal reserve of inheritance / the amount of the property acquired by the right to the legal reserve of inheritance / the amount of the inheritance / the amount of the property acquired by the right to the legal reserve of inheritance - the number of the inheritance share of the plaintiffs as

arrow