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(영문) 창원지방법원진주지원 2016.12.02 2016가단2693
유류분반환
Text

1. The defendant shall pay 1/8 shares among the 1/240 square meters in Nam-gun Eannam-gun, Chungcheongnam-do to the plaintiff (Appointed Party), the Appointed Party C, and D.

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties, and the Defendant are the successors of the deceased F (Death on March 21, 2016, hereinafter “the deceased”) and the inheritance shares are 1/4, respectively.

B. On July 22, 2015, the Deceased donated the instant land to the Defendant on July 22, 2015 (hereinafter “instant land”). The Changwon District Court of Seoul District (hereinafter “Seoul District Court”) completed the registration of ownership transfer as the receipt No. 10025 on July 22, 2015.

C. According to the record of Nos. 1 and 3 of the affirmative inherited property at the time of death and the result of the order to submit financial transaction information to the head of the new South Sea Agricultural Cooperative Center at this court, the deceased is recognized as having been holding a claim for the return of KRW 44,289 to the Seocheon Branch of the New South Sea Agricultural Cooperative as of March 21, 2016, which was at the time of death, but the deceased filed the instant claim without claiming it as the inherited property of the deceased. Thus, the Plaintiff’s claim shall be governed by the Plaintiff

There was no inheritance liability.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, and evidence Nos. 2

2. The plaintiff and the designated parties have the duty to return the legal reserve of inheritance as the inheritor of the deceased. Since the legal reserve of inheritance is 1/8 (legal reserve of inheritance 1/4 x 1/2, and 1/2 below) respectively, if there is a shortage in the legal reserve of inheritance of the plaintiff and the designated parties due to the donation of the deceased, the defendant is obligated to return it to the plaintiff and the designated parties.

3. The range of shortage in legal reserve of inheritance;

(a) The method of calculating shortage in the legal reserve of inheritance between the plaintiff and the designated parties shall be as follows:

Shortage in the legal reserve = [A] 】 The ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - The amount of special earnings (C) - A/D of the person entitled to the legal reserve of inheritance of the inheritance of the deceased - The amount of the legal reserve of inheritance of the deceased 1/23 = the amount of the legal reserve of inheritance of the deceased - the amount of the legal reserve of inheritance of the deceased 1/23 = the lineal descendants of

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