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(영문) 청주지방법원 2020.12.18 2019가단28669
소유권이전등기
Text

The defendant is entitled to legal reserve of inheritance on July 31, 2019 with respect to the share of 1/10 of each of the real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. The network F and the network G had children with the Plaintiffs and the Defendant.

B. A list in the attached Form owned by the Defendant on March 28, 2011

1. A list owned by the deceased G on July 11, 201, after completing the registration of ownership transfer for the land entered on the same day donation;

2. As to the land indicated on the same month (hereinafter “each of the instant land”).

5. He shall complete the registration of transfer of ownership by donation.

(hereinafter “each of the instant donations”) C.

On May 23, 2013, the Defendant completed the registration of the establishment of a mortgage on each of the instant land at H Association (hereinafter “H Association”) with the maximum debt amount of KRW 23.4 million, and the debtor’s neighboring establishment.

At the time of commencement of each inheritance due to the death of the deceased, there was no positive inheritance and inheritance obligation.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including branch numbers in case of additional number) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since legal reserve of inheritance of the plaintiffs was violated due to each gift of this case against the deceased's defendant, the defendant is obligated to return the shortage of legal reserve of inheritance of each land of this case to the plaintiffs.

B. Article 111(1) of the Civil Act provides that “The legal reserve of inheritance shall be calculated by adding the value of the property held at the time of commencing the inheritance of the inheritee to the value of the property held at the time of commencing the inheritance, and by deducting the total amount of the debts.” The specific method of calculating the shortage is as follows: = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (B) - (C) of the person holding the right to the legal reserve of inheritance - The net benefit amount of the person holding the right to the legal reserve of inheritance of the deceased (D = the amount of positive donation of the inherited property - the amount of inheritance of the deceased’s lineal descendant and spouse of the deceased / 2/3 = the increased amount of inheritance of the person holding the legal reserve of inheritance of the deceased = D = inheritance of the person holding the right to the

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