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(영문) 인천지방법원부천지원 2020.04.23 2019가단7268
유류분반환
Text

1. The defendant shall return to the plaintiffs the legal reserve of inheritance with respect to one-eight percent of each share of the 1,822.5 square meters in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Reasons

1. Facts of recognition;

A. On February 8, 1965, E completed the registration of transfer of ownership on the ground of sale on March 3, 1956, with respect to 1,822.5 square meters ( regardless of the change of the administrative district or the increase or decrease of the area, etc.) in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant land”).

B. On August 8, 2013, the Defendant completed the registration of ownership transfer on the instant land due to the donation made on July 18, 2013.

C. On November 6, 2017, E (hereinafter “the deceased”) died with the Plaintiffs, Defendant, and F, who were their children, due to their heirs.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (if there are virtual numbers, including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The value of the property held by the decedent at the time of inheritance commencement shall be added to the value of the property held by the decedent at the time of inheritance, and the total amount of the debt shall be deducted;

(Article 1331(1) of the Civil Act. In case where there is a person among co-inheritors who has made a special benefit by donation of property from the inheritee, such value shall be included in the calculation of whether or not the property was made for one year prior to the commencement of inheritance or whether or not both parties knew that the damage would be sustained.

In this case, active property and inheritance debts held at the time of the commencement of inheritance by the deceased were not revealed differently, and the Defendant, one of co-inheritors, who was a co-inheritors, independently donated by the deceased on July 18, 2013, constitutes donated property as special profit.

In addition, the ratio of the plaintiffs and the defendant's legal reserve of inheritance is 1/8 (1/4 x 1/2) each, and the plaintiffs, who are entitled to legal reserve of inheritance, can exercise their right to claim the return of legal reserve of inheritance by specifying the subject and scope of their own legal reserve of inheritance.

Therefore, the defendant, barring special circumstances, shares in the land of this case.

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