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(영문) 수원지방법원평택지원 2019.07.25 2018가단4890
유류분반환
Text

1. The Defendant shall share 1/15 of each real estate listed in the separate sheet to the Plaintiff’s designated party and the Plaintiff’s designated party.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on March 28, 2018, and co-inheritors were the spouse of D, the Plaintiff’s designated party, and the Plaintiff’s designated party, E, F, and deceased’s children, the spouse, the Defendant, the children of H, and I, the deceased’s children.

B. On December 20, 2017, the Deceased completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant based on the same day donation.

C. At the time of the deceased’s death, neither the property nor the inherited debt in the name of the deceased remains.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination

(a) Shortage in the calculation method of shortage in legal reserve of inheritance may be calculated through the following accounting formula:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve 】 - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to the legal reserve + the amount of positive inherited property + the amount of inherited property + 1/23 of the amount of inheritance with respect to lineal descendants of the inheritee = the amount of inheritance with respect to the legal reserve + the amount of inheritance with respect to lineal descendants of the inheritee / the amount of property acquired by the person entitled to the legal reserve - the amount of inheritance share

B. Under Article 1114 of the Civil Act, legal reserve of inheritance shall be calculated based on the amount calculated on the value of the property at the time of the commencement of the inheritance of a decedent and the amount calculated on the basis of the amount calculated by adding the value of donated property to the value of the property at the time of the commencement of the inheritance, and the amount calculated on the basis of the amount calculated by deducting the amount of inherited property from the amount of inherited property. If there is a person among co-inheritors who has made special profits by means of a biological donation from the decedent, such donation shall be excluded from the application of Article 1114 of the Civil Act, and such donation shall be included in the basic property for the calculation of legal reserve of inheritance regardless of whether the inheritance was commenced one year prior to the commencement of inheritance

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