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(영문) 창원지방법원 2018.08.23 2018가합51921
유류분반환 청구의 소
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 18,403,348, and each of the said money from April 19, 2018, respectively.

Reasons

1. Basic facts

A. The status D of the parties is divorced from the former wife on August 21, 2006, and died on November 23, 2016. The property heir is the Defendants, E, who are the spouse at the time of death, and children between the former and the former wife, and F, who were born before marriage with D.

B. D Gift and testamentary gift 1) D means on October 9, 2006, G 682.1 square meter in the window of Changwon-si, Changwon-si, the Plaintiff owned on October 9, 2006, and H 1209.1 square meter in the H 1209 square meter (hereinafter “Iri Real Estate”).

(2) On October 9, 2017, the Plaintiff: (a) donated the real estate in the name of the Plaintiff on October 18, 2006; (b) the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff; (c) the real estate listed in the attached Table No. 1; (d) the real estate listed in the attached Table No. 2 to Defendant C; and (e) bequeathed the real estate listed in the attached Table No. 3 to E; and (e) the Defendants and E completed the registration

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, Eul Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The Plaintiff asserted that D had been subject to the Plaintiff’s forced inheritance due to the legacy of each of the real estate listed in the attached Forms 1 through 3 list with the Defendants and E, and sought the return of the legal reserve of inheritance against the Defendants.

3. Determination

(a) The method of calculating shortage in legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve / (B) - the amount of the special benefit of the person entitled to the legal reserve / (C) / The amount of the net inheritance (D) of the person entitled to the legal reserve / The amount of the positive inheritance - B = the amount of the inheritance debts / the amount of the inheritance debts / the amount of the inheritance debts / the amount of the property acquired by the person entitled to the legal reserve - the amount of the property acquired by the person entitled to the legal reserve /

B. The amount of property(A) that forms the basis for calculating the legal reserve of inheritance is the deceased's legal reserve of inheritance.

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