logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.10.18 2017가단103798
유류분반환 청구의 소
Text

1. As to the shares (i.e., 1/3) among the real estate listed in the separate sheet No. 2 attached hereto, Defendant E is related to each of the plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased on August 4, 2016, the deceased on the deceased on August 4, 2016, and his heir has spouse G, children A, Defendant D, Plaintiff B, and Plaintiff C.

Defendant E is the child of Defendant D.

B. On May 30, 1996, before death, the deceased F donated each real estate listed in the separate sheet No. 3 to Defendant D and completed the registration of ownership transfer.

C. The deceased F owned each real estate listed in the separate sheet Nos. 1 and 2 at the time of the death. However, on September 8, 2015, the time of the death, Defendant E bequeathed each real estate listed in the separate sheet No. 2 to Defendant E on September 8, 2015, and completed the registration of ownership transfer based on testamentary gift on November 4, 2016.

The value of each real estate listed in the separate sheet as of August 4, 2016, which was at the time of the death of the net F, shall be as follows:

Table 1 (Propertys) of the value of the partitioned real estate.

1. Busan J. 354,000,000

2. A list of above-ground houses 22,622,960 Total sum of 376,622,960

1. 1058/1190 78,792,000 among I;

J 348,168,000

3. Inventory 565,49,000 for K 139,039,000 (Defendant D donation)

1. L 248,994,000

2. M 1,786,656,000

c. N 182,702,000

4.O 7,008,000

5. P 106,216,000

6. Of Q, the total of 2,546,286,00 total of 3,488,407,960; and

E. There was no inheritance obligation at the time of the deceased F’s death, and there was no property donated or bequeathed by the Plaintiffs from the deceased F.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 3, and 5 (including each number), the result of appraiser R’s market price appraisal, the purport of the whole pleadings

2. Calculation of shortage in legal reserve of inheritance;

A. The plaintiffs can seek the return of the legal reserve of inheritance against the defendants to the extent of the shortage when there is a shortage in the plaintiffs' legal reserve of inheritance due to the donation to defendant D or the legacy to defendant E as the heir of the deceased F. The specific calculation method is as follows.

Shortage in legal reserve of inheritance = [A] basic amount of property calculated as legal reserve of inheritance (A x applicable.

arrow