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(영문) 창원지방법원 2016.07.07 2015가합31872
유류분반환
Text

1. The Defendant shall respective share of 135,722,236/1,220,043,003 out of each real estate listed in the separate sheet to Plaintiffs A, B, and C.

Reasons

On the premise of fact, F (hereinafter referred to as “the deceased”) died on September 8, 2014, and the inheritor is the Plaintiffs and the Defendant, who are wife G and children.

On December 15, 2014, the Defendant completed the registration of ownership transfer by reason of testamentary gift on September 8, 2014 regarding each real estate listed in separate sheet Nos. 1 through 3 (hereinafter “instant real estate”).

[Ground of recognition] The plaintiffs are the successors of the deceased, who are responsible for the return of legal reserve of inheritance, and the inheritance shares are 2/13 and the legal reserve of inheritance is 1/13. Thus, if there is a shortage in the plaintiffs' legal reserve of inheritance due to legacy against the defendant of the deceased, the defendant is liable to return it to the plaintiffs.

The method of calculating shortage in legal reserve of inheritance shall be as follows:

The shortage in the legal reserve = [A] x (B) of the person entitled to the legal reserve x (C) of the person entitled to the legal reserve of inheritance - The net amount of inheritance (D) of the person entitled to the legal reserve of inheritance - The amount of inheritance - B of the person entitled to the legal reserve of inheritance = the amount of property acquired by the person entitled to the legal reserve of inheritance - The amount of property acquired by the person entitled to the legal reserve of inheritance - the basic legal principles on the property (A) - the amount of legal reserve of inheritance - the amount of legal reserve of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance - the amount of legal reserve of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of special income - the amount of inheritance - the amount of inheritance excluding the application of Article 114 of the Civil Act to the co-inheritors, regardless of whether the inheritance was commenced or not.

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