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(영문) 제주지방법원 2016.10.14 2015가단15855
유류분반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The deceased D (hereinafter “the deceased”) died on May 30, 2015, and the heir was the Plaintiff, Defendant B, E, and F, and Defendant C is the children of Defendant B and the grandchildren of the network D.

B. On February 25, 2003, the Deceased donated each real estate listed in the separate sheet 1 through 9 to Defendant C, each of the real estate listed in the separate sheet 10 through 12 to Defendant C, and completed the registration of transfer of each ownership on February 27, 2003 (in the register, there is no dispute between the parties that the gift was transferred due to sale and purchase). On January 25, 2008, the Deceased donated each of the real estate listed in the separate sheet 1 through 12 to the Plaintiff on January 31, 2008 and completed the registration of transfer of ownership on January 31, 2008.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 (including provisional number; hereinafter the same shall apply), and the purport of the whole pleadings by the plaintiff's assertion that the plaintiff's assertion of the purport of the whole pleadings infringed the plaintiff's legal reserve of inheritance as co-inheritors by gifting each real estate listed in the separate sheet No. 1 list. Thus, the defendants are obligated to complete the registration of transfer of ownership based on the plaintiff's legal reserve of inheritance of each one-eight share

Judgment

In full view of the above evidence, Eul evidence, Eul evidence Nos. 2 through 5, the result of the appraisal commission to the appraiser J and the purport of the whole pleadings, the plaintiff's net inheritance amount exceeds the plaintiff's legal reserve amount as examined below. Thus, the defendants cannot be deemed to have infringed the plaintiff's legal reserve of inheritance.

Therefore, the plaintiff's above assertion is without merit.

Shortage in the calculation method of shortage in the legal reserve = The amount of the legal reserve (A) 】 the amount of the legal reserve of inheritance 】 the special profit (C) of the person with the right to the legal reserve of inheritance - The amount of the net inheritance (D) of the person with the right to the legal reserve of inheritance + the amount of the positive inheritance + the amount of the legal reserve of inheritance + the amount of the deceased's lineal descendant.

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