(영문) 광주지방법원순천지원 2017.07.20 2016가합11944

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(영문) 광주지방법원순천지원 2017.07.20 2016가합11944

소유권이전등기말소 등

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1. The defendant shall pay to each of the plaintiffs 124,763,977 won and 15% per annum from June 30, 2017 to the day of full payment.

Reasons

1. Facts of recognition [based on recognition: The fact that there is no dispute, Gap evidence 1 through 4 (including each branch number; hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. The plaintiffs are children between D (hereinafter “the deceased”) and E, and the deceased reported their marriage with the defendant on April 2, 2005 after the death of E.

B. On December 26, 2005, the Deceased donated the real estate No. 17 listed in the separate sheet to the Defendant, and on December 28, 2005, the registration of ownership transfer was completed on the ground of the above donation to the Defendant.

C. On July 21, 2008, the Deceased donated the real estate Nos. 1 to 16 as indicated in the [Attachment List] to the Defendant, and the next day the registration of ownership transfer was completed for the Defendant’s donation.

The Deceased died on January 10, 2014, and there was no active property at the time of death, and the remaining inheritors (the deceased’s children) other than the Plaintiffs and the Defendant renounces inheritance, the Plaintiffs’ share of inheritance is 2/7, and the Defendant’s share of inheritance is 3/7.

2. Determination as to the cause of action

A. According to the above recognition of the right to claim the return of legal reserve of inheritance, since there was a shortage of legal reserve of inheritance between the plaintiffs as the deceased donated each real estate listed in the attached list (hereinafter "each real estate of this case") to the defendant, the defendant is obligated to return the shortage to the plaintiffs.

(b) The method of calculating shortage in the legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = The amount of the legal reserve = The amount of the property (A) 】 the amount of the legal reserve of the legal reserve of the person entitled to the legal reserve of the legal reserve of the inheritance (B) - the amount of the special profit (C) - the amount of the legal reserve of the inheritance of the person entitled to the legal reserve of the inheritance of the inheritance of the deceased - B/ the amount of the legal reserve of the inheritance of the inheritee 1/23 = the amount of the property acquired by the person entitled to the legal reserve of the inheritance - the amount of the property acquired by the person entitled to the legal reserve of the inheritance of the

C. The amount of property, which forms the basis for calculating the legal reserve of inheritance.

유사 판례

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