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(영문) 대구지방법원 2020.05.15 2019가단112042
유류분등
Text

1. The Defendant’s legal reserve of inheritance on May 2, 2019 with respect to each share of 1/13 among the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on December 30, 2018, and the heir has the Plaintiffs, Defendant, and G, who are the wife F and children of the deceased.

B. On August 21, 2015, the Deceased donated each real estate listed in paragraphs 1 and 2 of the attached list to the Defendant on August 21, 2015, and completed the registration of ownership transfer in the Defendant’s future on August 24, 2015 on the ground of the above donation. ② On August 26, 2015, the Deceased donated each real estate listed in paragraphs 3 through 7 of the attached list to the Defendant, and completed each registration of ownership transfer in the Defendant’s future on August 28, 2015 on the ground of the above donation.

C. There was no inherited property and inheritance liability at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the above facts and the purport of the entire arguments, the property that forms the basis of calculating the legal reserve of inheritance in this case is each of the instant real estate, and there is no special benefit amount and net inheritance amount of the plaintiffs. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to the shares of the plaintiffs among the instant real estate, barring special circumstances.

According to the facts and evidence of the above Paragraph 1, each of the plaintiffs' legal reserve of inheritance is 1/13(=2/13 x 1/2). The ordinary method of return of legal reserve of inheritance is to return the donated property itself.

Therefore, the defendant is obligated to perform the registration procedure for transfer of ownership on May 2, 2019, which was delivered to the defendant on May 2, 2019 by the complaint of this case, stating the plaintiffs' declaration of intent to claim the return of the forced portion with respect to each of the 1/13 shares of each

(Supreme Court Decision 2010Da42624, 42631 Decided March 14, 2013). B.

As to this, the Defendant and the Defendant’s wife H from 1983 to the Deceased.

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