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(영문) 대구지방법원경주지원 2017.06.27 2015가단2372
유류분반환에 의한 소유권이전등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of Nonparty D (hereinafter “the deceased”). As the deceased died on January 24, 2015, the Plaintiff, the Defendants, and Nonparty E inherited the deceased’s property.

(The legal shares of the plaintiff, the defendants, and E are 1/4 each).

On the other hand, on August 6, 2014, Defendant B completed the registration of ownership transfer for the reason of donation as of August 5, 2014 with respect to the instant real estate No. 1, and Defendant C completed the registration of ownership transfer for the reason of donation as of June 13, 2014 with respect to the portion 300/718 out of the instant real estate No. 2 on June 13, 2014.

C. At the time of death, the Deceased owned 418/718 shares of the instant 2 real estate as active property at the time of death, and the value at the time of death is KRW 168,872,00 (=290,072,00 x 418/718 x 418 x 75 million). The deceased was liable for small property.

The Plaintiff’s declaration of intent to recover legal reserve against the Defendants was sent to Defendant B on June 9, 2015, and Defendant C on June 8, 2015, respectively.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 10 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the result of a request for market price appraisal of appraiser F by this court for appraisal of appraiser F by this court, the substantial facts in this court, and the purport of the whole pleadings

2. Since the Plaintiff’s assertion was made by donation of the instant Claim Nos. 1 and 2 to the Defendants before the Plaintiff’s death, and thus, the Plaintiff’s legal reserve of inheritance was infringed, the Plaintiff sought a return of legal reserve of inheritance infringed upon against the Defendants.

3. Determination

A. According to Articles 1112 and 1113 of the Civil Act of the premised legal doctrine, the shortage of the Plaintiff’s legal reserve of inheritance is calculated by the following methods after the specific property, which forms the basis for calculating the legal reserve of inheritance at the time of the commencement of inheritance (hereinafter all calculations below won shall be discarded). The shortage = [A] amount of the property, which forms the basis for calculating the legal reserve of inheritance (A x the pertinent legal reserve

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