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(영문) 서울남부지방법원 2017.04.27 2015가단226988
유류분 반환청구의 소
Text

1. For the plaintiffs:

A. Defendant C shall be the 116,603,108/89,139,00 among the real estates listed in the separate sheet Nos. 1 through 8.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on May 31, 2015, and the deceased’s heir is the Plaintiffs, Defendant C and F, who are their children, and Defendant D is the deceased’s grandchildren as F’s children.

B. On June 10, 2004, the Deceased donated the real estate Nos. 5, 7, and 8 of this case among the real estate listed in the separate sheet owned by him (hereinafter “the real estate No. 5”) to Defendant C on June 10, 2004, and on June 17, 2004, the Incheon District Court’s reinforcement registry office completed the registration of ownership transfer in Defendant C’s future due to the gift No. 18718 of the above donation.

C. As to the real estate Nos. 1 through 3 of this case, the Incheon District Court's reinforcement registry office of December 15, 1994 (No. 23069, Oct. 27, 1984), as to the real estate Nos. 4 and 6 of this case, the registration of transfer of ownership was completed under the name of the defendant C pursuant to Act No. 4502, Oct. 14, 1984 due to sale and purchase as of Dec. 15, 1994 (No. 19248, Dec. 15, 1994).

On October 22, 2002, the deceased donated the real estate Nos. 9 through 11 to Defendant D, and completed the registration of ownership transfer in the future of Defendant D on October 26, 2012 due to the above donation under the Incheon District Court’s Reinforcement Registry No. 27215, Oct. 26, 2012. The deceased donated the real estate No. 12 to G on October 22, 2012, and completed the registration of ownership transfer in the future as the Incheon District Court’s Reinforcement Registry No. 27214 on October 26, 2012.

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

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including the serial number), the purport of the whole pleadings

2. Determination

(a) Shortage in the method of calculating shortage in the legal reserve of inheritance = [A] 】 the amount of assets forming the basis of calculating the legal reserve of inheritance 】 the ratio of the person with the right to the legal reserve of inheritance (B) - the amount of special profits (C) - A/ the amount of net inheritance of the person with the right to the legal reserve of inheritance (D) - the amount of positive inherited property - the amount of inheritance obligation of the inheritee

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