(영문) 대구지방법원김천지원 2020.08.21 2019가합16898

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원김천지원 2020.08.21 2019가합16898

소유권이전등기

Text

1. Defendant B’s KRW 185,081,306 as well as 5% per annum from December 18, 2019 to August 21, 2020.

Reasons

1. Basic facts

A. The network D (hereinafter “the deceased”) married with E, who is its wife, had the Plaintiff, Defendants, and F as their children, and died on June 5, 2018.

B. On July 30, 2009, the Deceased donated 431 square meters of G gas station site, 557 square meters of H gas station site, and 104 square meters of I road (hereinafter “B donated real estate”) to Defendant B on July 30, 2009. On May 11, 2017, the Deceased donated 59 square meters of K-road (hereinafter “J donated real estate”) to J, an infant of Defendant B, and donated the same to Defendant C on March 13, 2013, respectively.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff, as the inheritor of the deceased, may seek the return of the legal reserve of inheritance to the Defendants to the extent that there is a shortage of legal reserve of inheritance due to the birth donation to the Defendants. A.

Legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property held by the decedent at the time of commencement of the inheritance, and deducting the total amount of debts.

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 The amount of special profit (C) - The amount of net inheritance (D) of the person holding the right to the legal reserve ? The amount of positive inherited property - B = the amount of inherited property 1/23 = the amount of inheritance increased by inheritance of the person holding the right to the legal reserve - the amount of property acquired by inheritance of the person holding the right to the legal reserve - the amount of inheritance of the person holding the right to the legal reserve / the amount of inheritance of the person holding the right to the legal reserve

B. The affirmative inherited property(A) and the deceased’s inherited property, which form the basis for calculating the legal reserve of inheritance, are positive at the time of their death.

참조조문

-민법 제1113조 제1항

유사 판례

-서울고등법원 2019.01.31 2018나2017196

-서울북부지방법원 2018.06.21 2014가합25461

-부산지방법원 2017.10.18 2016가합1062

-수원지방법원 평택지원 2018.05.15 2017가단10218

-인천지방법원 2020.01.31 2017가합1406