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(영문) 전주지방법원군산지원 2014.07.29 2012가단10343
유류분 반환
Text

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

A. As to the Plaintiff A’s 83/100 shares:

B. Plaintiffs B, C, D, and.

Reasons

1. Presumed facts

A. On May 31, 1949, the deceased G (the deceased on June 23, 2012, hereinafter “the deceased”) married with the Plaintiff A, and there is a child between the Plaintiff B, C, D, Plaintiff E, Defendant, and Nonparty H and I.

B. The Deceased: (a) donated each real estate listed in the attached list to the Defendant before his birth; and (b) donated 3,931m2 and K 2,481m2, respectively, to the Defendant in the name of the Defendant or I with respect to each of the said real estate.

C. There is no inheritance obligation at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 7, 8, 9 (including each number), Eul evidence Nos. 6-2 through 5, witness H's testimony, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. As the heir of the deceased, when there is a shortage in the plaintiffs' legal reserve of inheritance due to the birth donation to the defendant of the deceased, the plaintiffs can claim the defendant to return the legal reserve of inheritance to the extent of the shortage.

B. The method of calculating the difference in the calculation method of the plaintiffs' legal reserve of inheritance is as follows:

Shortage in legal reserve = [A] 】 The amount of property on the basis of calculation of legal reserve 】 the ratio of the person entitled to legal reserve of inheritance (B) - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to legal reserve of inheritance + the amount of positive inherited property £« B 1/23 of the amount of inheritance with the spouse or lineal descendant of the inheritee = the amount of inheritance with the person entitled to legal reserve of inheritance £« the amount of inheritance with the amount of property acquired by the person entitled to legal reserve of inheritance / the amount of inheritance with the amount of property acquired by the person entitled to legal reserve

C. Legal reserve of inheritance 1 is calculated on the basis of the value of the property of the inheritee at the time of commencing the inheritance and the amount calculated on the basis of the amount calculated by adding the value of donated property to the value of the property at the time of commencing the inheritance, less the amount of inherited debts. However, if there is a person among co-inheritors who has made special profits by donation

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