(영문) 대구지방법원서부지원 2020.04.22 2019가단61653

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Reasons

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(영문) 대구지방법원서부지원 2020.04.22 2019가단61653

유류분반환 청구의 소

Text

1. The defendant is dated June 20, 2019 with respect to each share of 1/11 of each of the real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on August 18, 2018.

The deceased’s successors were E, children, the plaintiffs, the defendant, and the F.

B. The deceased owned each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) before the birth. On October 27, 2015, the deceased donated each of the real estate listed in the separate sheet Nos. 1 and 2 to the Defendant on October 28, 2015, and the ownership transfer registration for each of the said real estate was completed on October 28, 2015. On December 12, 2017, the deceased donated each of the real estate listed in the separate sheet Nos. 3 and 4 to the Defendant on December 13, 2017, and the ownership transfer registration was completed in the future of the Defendant on December 13, 2017.

C. The Deceased did not have any active and passive inherited property or special benefit-making property of co-inheritors other than each of the instant real property.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including the number of each branch), the purport of the whole pleadings

2. Determination

A. According to the facts and the purport of the entire arguments examined earlier, each of the instant real estate is included in the basic property for calculating the legal reserve of inheritance (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 1996) as the property the Defendant had special benefits by donation before the deceased’s birth (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). The property, which

B. As to the method of returning the legal reserve of inheritance, our Civil Act recognizes the legal reserve of inheritance and provides for the method of returning the legal reserve of inheritance in Articles 1112 through 1118, but does not provide for the method of returning the legal reserve of inheritance. However, it would be a normal method of returning the property to be donated or bequeathed. Thus, unless there are special circumstances, the person with the right to the legal reserve of inheritance claims the return of the legal reserve of inheritance by the method of returning the property to the original state and the return of the original state is possible

참조조문

-민법

참조판례

-대법원 1996. 2. 9. 선고 95다17885 판결

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