(영문) 대전지방법원 천안지원 2018.10.31 2017가단108543

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(영문) 대전지방법원 천안지원 2018.10.31 2017가단108543

유류분 반환

Text

1. The defendant shall reserve the plaintiff A's share of 57,379,375/290,656,000 among the real estate listed in the attached list.

Reasons

1. Basic facts

A. E (hereinafter referred to as “the deceased”) married with F, and formed under the slova South-Nam Defendant, the son, the son B, the son A, and C.

B. On March 18, 2016, the Deceased made a testament by a notarial deed stating that a notary public shall testament the real estate listed in the separate sheet (hereinafter “instant land”) to the Defendant in the mission of a law firm.

C. The Deceased died on May 30, 2017.

【Ground for recognition】 Each entry in the evidence Nos. 1, 2, and 25 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The summary of the plaintiffs' assertion caused shortage in legal reserve of inheritance of KRW 60,202,032 to the plaintiffs A and B, and KRW 10,109,466 to the plaintiff C by legacy the land of this case to the defendant. The value of the land of this case bequeathed by the deceased exceeds the amount of the defendant's legal reserve of inheritance.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership based on the return of legal reserve of inheritance with respect to the share amounting to the shortage ratio of legal reserve of inheritance among the land in this case.

3. Determination

A. Under Article 1113(1) of the Civil Act, the method of calculating shortage in the legal reserve of inheritance provides that "the legal reserve of inheritance shall be calculated by adding the value of the property held at the time of the commencement of inheritance by the inheritee to the value of the property held at the time of the commencement of inheritance, and by deducting the total amount of the debt," = [the amount of the property held at the time of the commencement of inheritance by the inheritee 】 the special profit amount (C) of the person holding the right to the legal reserve of inheritance 】 The value of the property held at the time of the commencement of inheritance - the value of the property actively donated at the time of the commencement of inheritance - the amount of the inheritance obligation - the amount of the property acquired at the time of the commencement of inheritance by the person holding the right to the legal reserve of inheritance - the amount of the positive property acquired by the person having the right to the legal reserve of inheritance -

B. The basis for calculating the legal reserve of inheritance.

참조조문

-민법 제1113조 제1항

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