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(영문) 대전지방법원 2020.12.03 2019가단106474
유류분반환
Text

Plaintiff

A,

A. Defendant D’s KRW 9,830,088 and KRW 9,680,317 among them shall be from March 15, 2019 to KRW 149,71.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on February 5, 2019.

The deceased’s heir is the deceased’s spouse G, the Defendants who are children, and H, I, and J. The deceased’s heir on January 6, 200, who died on January 6, 200 before the deceased’s death, and the Plaintiff B and C, who is the spouse of K, are the deceased’s husband and children.

B. On May 26, 2005, the Deceased completed the registration of ownership transfer with respect to each one-half share of the 3716 square meters of the Linsan City L. 3716 square meters to the Defendants, under the receipt No. 25717 on May 26, 2005.

C. On May 26, 2005, the deceased completed the registration of transfer of ownership on the ground of donation under the Jeonju District Court No. 25718, Jeonsan District Court’s receipt of May 26, 2005, with respect to H’s 1709 square meters and N 713 square meters.

The Deceased completed the registration of ownership transfer on the ground of donation under the receipt of No. 29906 on July 8, 2016 by the Jeonju District Court of Jeonsan as to the O 225 square meters and its ground buildings in Hasan-si.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

(a) The method of calculating shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property possessed by an ancestor at the time of commencing the inheritance, and deducting the total amount

(1) Article 113(1) of the Civil Act. The specific calculation method is as follows: [A] x (A) of the person having the right to the legal reserve of inheritance x (B) of the person having the right to the legal reserve of inheritance - The amount of special profit (C) of the person having the right to the legal reserve of inheritance - The amount of net inheritance (D) of the person having the right to the legal reserve of inheritance - A = The amount of inherited property - B of the person having the right to the legal reserve of inheritance / 1/23 of the amount of inherited property (including testamentary gift) = the amount of inheritance - D of the amount of property acquired by the person having the right to the legal reserve of inheritance of the inheritee - the amount of property

B. According to Article 1114 of the Civil Act, the basic amount of property (A) in calculating the legal reserve of inheritance is calculated.

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