beta
Text
1. As to the Plaintiff’s share of 12,815,400/115,338,600 of each of the real estate listed in the separate sheet Nos. 1 and 2.
Reasons
1. Basic facts
A. The decedent E died on May 24, 2008.
B. As the inheritor of the inheritee, there are the Defendant (name D before the name of the deceased), the Plaintiff (name B before the name of the deceased), Nonparty F, and G, the spouse of the inheritee.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 4, 5, the purport of the whole pleadings
2. Determination on the cause of the claim
(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and
(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:
Shortage in the legal reserve = [A] 】 Special profit (C) at the person holding the right to the legal reserve 】 The net amount of inheritance (D) at the person holding the right to the legal reserve ? positive inherited property ? Legal reserve 】 Da/ The amount equivalent to the increased amount of inheritance at the person holding the right to the legal reserve = d/ The amount equivalent to the increased amount of inheritance at the time of inheritance at the person holding the right to the legal reserve - the amount of positive property acquired by inheritance at the person holding the right to the legal reserve
B. In a case where there is a person, among co-inheritors, who has made special profits from the donation of property from an inheritee among the relevant legal principles, the provisions of Article 1114 of the Civil Act are excluded. Accordingly, the donation is included in the basic property for calculating the legal reserve regardless of whether it was made between one year prior to the commencement of the inheritance (see Supreme Court Decision 93Da11715, Jun. 30, 1995). 3) No affirmative inherited property: (4) No donated property (no donated property (see Supreme Court Decision 93Da11715, Jun. 30, 1995). 1, 2, and 3) According to the appraiser H’s appraisal results, the decedent may be recognized on June 12, 2006 that each of the real property listed in the separate sheet was donated to the Defendant on May 24, 2008.
C. Therefore, the amount of donation to the defendant is 115,38.