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(영문) 청주지방법원 2020.10.15 2019가단26366
유류분반환등
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) had nine children, such as B (Defendant), A (Plaintiff), D, E, F, G, H, I, and J. However, among them, D and G died first of the deceased, and died on May 15, 2018.

B. As to each real estate listed in the separate sheet that was owned by the deceased, the “date of donation (registration date)” was recorded on the date and time indicated in the “date of donation” and the registration of ownership transfer based on donations was completed in either the plaintiff or the defendant, and the value of each real estate at the time of the death of the deceased is as indicated in the “value” column.

C. At the time of the commencement of the inheritance due to the deceased’s inheritance, active inherited property and inheritance obligations were not all nonexistent.

[Ground of recognition] Unsatisfy, Gap 1-4, 11 evidence, Eul 1 evidence (including additional numbers), the result of the appraisal commission to K of this Court, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Deceased donated each real estate listed in the separate sheet Nos. 1 through 7 to the Defendant before his birth.

B. Each real estate indicated in the separate sheet Nos. 8 through 11, which the Plaintiff was donated, is merely a real estate that was actually owned by the Plaintiff, and thus, is not the property donated by the Deceased.

C. Since the above donation by the deceased against the defendant infringed the plaintiff's legal reserve of inheritance, the defendant shall return the plaintiff's legal reserve of inheritance less than the amount stated in the claim to the plaintiff.

3. Determination

A. The Plaintiff, as the inheritor of the deceased, may claim the Defendant to return his/her property to the extent that there is a shortage in his/her legal reserve of inheritance due to testamentary gift or gift made by the deceased against the Defendant who is another inheritor.

The shortage in legal reserve of inheritance can be calculated through the following accounting formula, and in the below, it will be examined whether there is a shortage in legal reserve of inheritance of the plaintiff according to the following formula:

legal reserve of inheritance;

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