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(영문) 춘천지방법원원주지원 2013.09.12 2012가합3377
유류분반환
Text

1. The defendant is against the plaintiffs:

A. Among each real estate listed in the separate sheet No. 13 and the separate sheet No. 3, 231.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are children of deceased D (the deceased on July 16, 201, and the decedent).

B. The inherited property and the value of the inherited property at the time of the death of the decedent are as stated in the separate sheet No. 1 (real property and financial property; hereinafter “instant inherited property”) and the amount column.

(C) the sum of the market price of KRW 902,973,191.

An inheritee owned real estate Nos. 1 through 12 of the attached list Nos. 2, and sold it to the present owner on the same date of sale in the same list.

On September 20, 2007, the inheritee prepared a notarial deed stating that he will testamentary gift of each real estate listed in attached Table 3 (total market price of KRW 2,188,532,00) to the Defendant, and the Defendant completed the registration of ownership transfer for reasons of testamentary gift based on the above notarial deed.

[Ground of recognition] Facts without dispute, Gap 1, 2, 6, 7 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the claim for restitution of forced portions

A. If there is a shortage of the plaintiffs' legal reserve of inheritance due to the donation or testamentary gift to the deceased's heir, the plaintiffs can claim the return of the property to the defendant who is the co-inheritors to the extent of the shortage.

B. A general legal reserve in calculating shortage in legal reserve shall be calculated on the basis of the amount calculated by adding the value of donated property at the time of the commencement of the inheritance to the value of donated property at the time of the commencement of the inheritance and deducting the amount of inherited property. If there are persons among co-inheritors who have made special profits from the donation of property by birth from the inheritee, such donation shall be excluded from the application of Article 1114 of the Civil Act, and shall be included in basic property for calculating legal reserve regardless of whether it had been prior to the commencement of inheritance one year, and whether both parties knew that it would inflict losses, and the value of the donated real property

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