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(영문) 서울고등법원 2018.04.26 2017나2036626
유류분반환
Text

1.The judgment of the first instance shall be modified as follows:

Defendant G, respectively, shall be listed in [Attachment 1] 1 to 3.

Reasons

1. Basic facts

A. The deceased J (hereinafter “the deceased”) married with K and placed eight children, including Defendant G, Plaintiff A, Nonparty L, Plaintiff B, C, D, E, and F.

Defendant G married with Defendant H and had Defendant I among them.

B. On February 16, 2015, the Deceased died and eight of his wife K and their children jointly inherited the Deceased.

C. On June 11, 2004, the deceased, on June 11, 2004, completed the registration of ownership transfer for each real estate listed in [Attachment List 1] to Defendant G on the ground of donation on June 8, 2004. On December 12, 2006, the deceased completed the registration of ownership transfer for each real estate listed in [Attachment List 1] 4 and 5 on December 11, 2006 to the Defendants on the ground of donation on December 11, 2006.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 7 evidence (if there are virtual numbers, including all of them; hereinafter the same shall apply), the purport of whole pleadings

2. The summary of the plaintiffs' assertion is that the Defendants received a donation from the deceased before his birth, and thereby, there is a shortage in the plaintiffs' legal reserve of inheritance. Thus, the Defendants seek a return of originals to the extent of the shortage, such as the claim, to the extent of the deficiency, and in preliminary, seek a return of the value of the claim for the share of real estate as stated in attached Table 1 Section 4.

3. Return of legal reserve of inheritance:

A. The shortage in the calculation method of the Plaintiffs’ legal reserve in the shortage is calculated by the following methods after specifying the property, which forms the basis for calculating the legal reserve at the time of inheritance commencement (see Articles 1112 and 1113 of the Civil Act. From all the calculation below, any amount below the source is discarded). Shortage in the legal reserve = [A] [the basic amount of property calculated as the legal reserve x the ratio of the person entitled to the legal reserve x (B)] - the special benefit amount of the person entitled to the legal reserve - (C) - the net inheritance amount (D) of the person entitled to the legal reserve - the amount of inherited property - the amount of inherited property with positive inheritance

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