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(영문) 대전지방법원 2016.12.07 2015가단226196
유류분반환청구
Text

1. With respect to the plaintiffs, the F Cemetery 1,279 square meters or more of the public cemetery in the public city:

A. As to the share of 4/90 by Defendant D,

B. Defendant E.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on October 28, 2015. At the time, H, Plaintiff A, Plaintiff B, Plaintiff C, and Defendant D, the deceased’s heir, who was the deceased’s children.

On the other hand, Defendant E is the spouse of Defendant D.

B. On September 2, 2015, the Deceased owned a 1,279 square meters of the F Cemetery in the Sinju-si (hereinafter “instant real estate”), and on September 2, 2015, the Deceased donated one half of the shares to the Defendants, respectively.

C. Meanwhile, there was no property or obligation at the time of the deceased’s death.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination

A. The plaintiffs' assertion No. 1-B of the deceased.

Since there was a violation of the plaintiffs' legal reserve of inheritance due to the birth donation entered in the port, the defendants are liable to return the originals and the preliminary values to the plaintiffs below their legal reserve of inheritance.

B.1) Determination of the legal reserve of inheritance is based on the calculation method of legal reserve of inheritance: (a) the value of the donated property shall be added to the value of the property held by the decedent at the time of the commencement of inheritance; and (b) the total amount of the debts shall be calculated by deducting the debts (Article 1113(1)2 of the Civil Act); (c) the value of the donated property shall be calculated only once it was performed for one year prior to the commencement of inheritance; and (d) where both parties knowingly have made a donation with the knowledge that damage would be inflicted on the person entitled to legal reserve of inheritance, it shall be included one year prior to the commencement of inheritance (Article 1114 of the Civil Act); and (e) where there is a person who has made a special benefit from the inherited property from a co-inheritors among co-inheritors, Article 1114 of the Civil Act shall be excluded; and (e) donation to a third party, who is not a co-inheritors, in principle, shall be claimed to the legal reserve of inheritance only when both parties known that the donations would inflict damage at the person entitled to legal reserve of inheritance of inheritance.

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