(영문) 수원지방법원안산지원 2016.07.14 2015가단110065

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(영문) 수원지방법원안산지원 2016.07.14 2015가단110065

유류분반환청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties C died on March 16, 2015, and C (hereinafter “the deceased”)’s heir is the spouse D (the shares in inheritance: 3/11); Defendant, Plaintiff, E, and F (the shares in inheritance: 2/11).

B. On July 14, 2014, the deceased who acquired each real estate listed in the Defendant’s separate sheet, donated each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on July 14, 2014, before the death. The Defendant completed the registration of ownership transfer on the instant real estate under the Defendant’s name on July 18, 2014.

[Judgment of the court below]

2. The Plaintiff’s assertion that: (a) donated the instant real estate to the Defendant, a South-North Korean, before his birth; and (b) caused the lack of legal reserve of inheritance of one of the heirs.

Therefore, the Defendant is obligated to return the Plaintiff’s share equivalent to the Plaintiff’s legal reserve of inheritance among the instant real estate.

3. Determination

A. The plaintiff, as the inheritor of the deceased, may claim the defendant to return his/her property to the extent that there is a shortage in his/her legal reserve of inheritance due to the donation made by the deceased to the defendant who is another inheritor.

The shortage in legal reserve of inheritance can be calculated through the following accounting formula, and this article examines whether there is a shortage in legal reserve of inheritance of the plaintiff according to the following formula:

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve / (B) - the amount of the special benefit of the person entitled to the legal reserve / (C) - The amount of the net contribution of the person entitled to the legal reserve / A = the amount of the positive inheritance - the amount of the inheritance - B = the amount of the inheritance / the amount of the inheritance / the amount of the property acquired by the person entitled to the legal reserve - the amount of the inheritance - the amount of

B. (A) The following facts are either no dispute between the parties or Gap.

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