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(영문) 대구지방법원안동지원 2017.05.31 2015가단21097
유류분반환청구
Text

1. The Defendant: (a) among the 1,058§³ in Ansan-si; (b)

A. As to the Plaintiff A’s share 415,567/8,791,980:

B. The plaintiff B and C

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence Nos. 1 to 4, 13, and 14 (if there are serial numbers, including each serial number; hereinafter the same shall apply):

On May 6, 2013, the deceased J (hereinafter referred to as the “the deceased”) died after having left the Plaintiff A (the heir 3/15 shares in inheritance), Plaintiff B, C, Defendant and K, L (the heir 2/15 shares in inheritance), and the deceased’s husband of the deceased M who is the deceased’s heir, and Plaintiff E, F, and G (the heir 4/135 shares in inheritance), which are the deceased’s children.

B. On February 26, 2007, the Deceased completed the registration of transfer of ownership based on the donation on the same day with respect to 1,058 square meters in Ansan-si, the Defendant (hereinafter “instant real estate”).

C. At the time of the deceased’s death, there are 1/2 shares of N Forest Nos. 3 and O. 3,148.4 square meters in Ansan-si, Andong-si.

2. Determination

A. shortage in the relevant legal principles = [A] 】 Special benefit from the person entitled to the legal reserve of inheritance (B) - The amount of the pertinent legal reserve of inheritance (C) - The amount of the net benefit from the person entitled to the legal reserve of inheritance (D) - The amount of inheritance donations - B = the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property acquired by the person entitled to the pertinent legal reserve of inheritance - according to Articles 112 and 1113 of the Civil Act - the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property acquired by the person entitled to the pertinent legal reserve of inheritance - according to Articles 112 and 1113 of the Civil Act, the shortage in the legal reserve of the plaintiffs shall be calculated by the following methods after specifying the property, which is the basis for calculating the legal reserve of inheritance

The scope and method of calculating the amount of basic property, which is the basis of calculating the legal reserve of inheritance, shall be calculated by adding the value of the property at the time of inheritance commencement to the value of the property at the time of inheritance commencement.

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