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(영문) 대구지방법원 2015.05.29 2013가단819389
유류분반환
Text

1. The defendant is among each real estate listed in the separate sheet.

A. With respect to the portion of 25,812,052/275,925,842 to Plaintiff A, the same shall apply.

Reasons

1. Facts of the dispute

A. E has completed the marriage report with the plaintiff A on November 1, 1951.

E and Plaintiff A had the father of Plaintiff B, F, Plaintiff C, G, and H under the influence of their adoption, and the father of the Defendant (son) was born as his father of his own will of adoption.

B. On January 15, 2013, E donated each real estate (hereinafter referred to as “I house”) indicated in the attached list to the Defendant (hereinafter “instant donation”) (hereinafter “instant donation”); on January 17, 2013, E completed the registration of transfer of ownership based on the said donation to the Defendant.

C. E died on August 11, 2013

(hereinafter referred to as “the deceased E”). D.

The JJ Park Jong-do, Cheong-do, Jan-gun, Cheong-do (hereinafter referred to as the “J”) established a grave for the deceased, installed a set of 3,738 square meters, and prohibited the deceased from cutting trees to protect the grave, and completed the registration of ownership transfer in the name of the deceased as of the date of the closing of argument. As of the date of the closing of argument, the Defendant succeeded to the status of the deceased who was subject to removal from the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1-13 and 2-12 of evidence, the purport of the whole pleadings

2. The basic property of the plaintiffs' claim is KRW 293,293,272, and since the donation of this case against the defendant by the deceased was infringed upon each of the legal reserve amounting to KRW 29,570,977, and KRW 19,713,985 to the plaintiff Eul, the defendant is obligated to return each of the above amounts and delay damages to the plaintiffs.

3. Determination

(a) The amount of statutory reserve of inheritance calculated shall be calculated by adding the value of the property donated by the decedent to the whole value of the property held at the time of the commencement of the inheritance, and determine the amount of property which serves as the basis for calculating statutory reserve of inheritance by deducting the total amount of debts borne by the decedent

The person with the right to legal reserve of inheritance shall be entitled to the amount of the property multiplied by the ratio of legal reserve of inheritance under Article 1112 of the Civil Code.

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