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(영문) 서울고등법원 2015.08.21 2014나58674
유류분반환
Text

1. Of the judgment of the court of first instance, the part ordering the implementation of the procedure for ownership transfer registration is the plaintiffs.

Reasons

1. Recognized facts;

A. F (hereinafter “the deceased”) died on August 16, 2013, and jointly inherited the property of the Plaintiffs and the Defendant, who are the deceased’s children.

B. On April 24, 2002, Appellant donated each real estate indicated in the attached Table “Real Estate List” (hereinafter “each of the instant real estate”) and the area of 268 square meters (hereinafter “E”) before E in Ischeon-si, E (hereinafter “E land”).

C. There was no particular inheritance claim or inheritance obligation at the time of the deceased person’s death.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4 (including provisional number), Gap evidence 5-2, the purport of the whole pleadings

2. The plaintiffs' assertion that the defendant, as a senior co-inheritors, violated the plaintiffs' legal reserve of inheritance by receiving a donation of land equivalent to the aggregate of KRW 1,926,200,000 and E value of each real estate of this case from the senior co-inheritors, and thus, the defendant shall return the plaintiffs' legal reserve of inheritance of KRW 286,186,907 and KRW 1/6 of E, which correspond to the shortage in legal reserve of inheritance of the plaintiffs

In addition, when the deceased purchased from G on April 15, 2002 the land of this case from D to D to 353 square meters (hereinafter “the land of this case”), it shall be deemed that the deceased donated the land of this case to the defendant in a manner that the purchaser is the defendant as the defendant. Thus, the defendant shall return to the plaintiffs one-six shares of each of the land of this case corresponding to the shortage of legal reserve of inheritance of the plaintiffs.

3. Determination

A. According to the facts found above, when there is a shortage of legal reserve of inheritance as a result of the gift of each of the instant real estate and E to the Defendant who is another co-inheritors as a senior co-inheritors, the Plaintiffs can seek the return of legal reserve of inheritance to the extent of the shortage.

B. Since the calculation method of shortage in legal reserve of inheritance is as follows, whether there is a shortage in legal reserve of inheritance between the plaintiffs according to the calculation method.

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