(영문) 인천지방법원 2016.08.16 2016나2284 | 리걸엔진

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(영문) 인천지방법원 2016.08.16 2016나2284

유류분반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on March 25, 2015.

At the time of the deceased’s death, there was the plaintiff, defendant, E, F, G, H, and I, who is the spouse of the deceased and his children.

B. On March 31, 2011, the Deceased completed the registration of ownership transfer to the Defendant on the ground of donation on March 30, 2011 with respect to each of the following real estate (hereinafter “each of the instant real estate”).

The value of each real estate of this case as of the time of the death of the deceased shall be as follows:

In the value of the real estate indicated in the sequence of 58/436 square meters in J 436 square meters in the case of one third party, 220,636 square meters in total, 3 K 3 K 347 square meters in 105,151,515 square meters in total, 220,636,363 won in the case of a 108,484,848 won in the above ground No. 2

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

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 4 evidence (if there is an additional number, it includes a number; hereinafter the same shall apply), the purport of the whole pleading

2. The calculation method of shortage in the method of calculating the legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = The amount of the legal reserve = The amount of the property (A) 】 the amount of the legal reserve of the legal reserve of the person entitled to the legal reserve of the legal reserve of the inheritance (B) - the amount of the special profit (C) - the amount of the legal reserve of the inheritance of the person entitled to the legal reserve of the inheritance of the inheritance of the deceased - B/ the amount of the legal reserve of the inheritance of the inheritee 1/23 = the amount of the property acquired by the person entitled to the legal reserve of the inheritance of the deceased - the amount of the property acquired by the person entitled to the legal reserve of the

3. Calculation of the amount of property that forms the basis for the calculation of legal reserve of inheritance;

A. Legal reserve of inheritance is calculated on the basis of an amount calculated by adding the value of donated property at the time of the commencement of inheritance to the value of donated property at the time of the commencement of inheritance, which is calculated on the basis of the amount obtained by deducting the inherited debt amount, but special profits from the co-inheritors

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