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(영문) 부산지방법원동부지원 2017.11.22 2017가단213953
유류분반환 청구의 소
Text

1. The Defendant returned to the Plaintiff the legal reserve of inheritance on October 19, 2017 with respect to one-half share of 1/12 square meters among 1134 square meters in Busan-gun, Busan-gun.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, D, E, F, and G inherited the inheritee’s property according to their respective inheritance shares in the proportion of 1/6, as children of H that died on September 10, 2016 (hereinafter “the inheritee”).

B. The active property owned by the decedent around 1994, which was the husband of the deceased I (the deceased on April 14, 1992), was 1134 square meters prior to Busan-gun, Busan-gun (hereinafter “the real property in this case”), each of the real property listed in the separate sheet, and the remainder of 1/2 shares of the real property listed in paragraph 9 of the separate sheet. Of these, the real property in this case was donated to the defendant on September 15, 1994 after the donation to the defendant on September 15, 1994; each of the real property listed in paragraphs 1 through 8 of the separate sheet had been donated to F on September 27, 1994; the ownership transfer registration was made on October 25, 1994; the ownership transfer registration was made on the following grounds; the ownership transfer registration was made on October 14, 1994; and the remaining list of the real property was recorded on September 19, 1995.

C. There is no active or negative property in the name of the inheritee as revealed at the time of the death of the inheritee.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including each number), Eul evidence 33 and 34, the purport of the whole pleadings

2. Determination

A. The amount of statutory reserve of inheritance in the method of calculating shortage shall be calculated by adding the value of the property donated to him at the time of the commencement of the inheritance to the whole value of the property of the inheritee at the time of the commencement of the inheritance, deducting the total amount of the debts that the inheritee contributed at the time of the commencement of the inheritance, and then multiplying the legal reserve of inheritance by the ratio of the legal reserve of inheritance under Article 1112

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