logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.04.04 2017가단121830
유류분청구의소
Text

1. The plaintiff A and the plaintiff B, and the defendant D among the real estate Nos. 1 through 4 of the annexed list Nos. 220,924,400 respectively, 2,677,19.

Reasons

1. Facts of recognition;

A. H(I) and J(K) have 5 females and 2 under the sle of their husband and wife, namely, L(ma), A(3), M(3), Plaintiff B(4), Plaintiff C(5), Defendant D(Nam), and Defendant F(Nam).

Defendant E is the wife of Defendant D, and Defendant G is the wife of Defendant F.

L died on May 10, 1986.

Then, H was deceased on May 23, 2014 and became the heir, Plaintiffs, Defendants, and M, and the J died on September 30, 2016 and became the heir, Plaintiffs, Defendants, and M.

B. With respect to each real estate listed in the separate sheet Nos. 1 through 4, 2010, each of the real estate owned by the network H, the ownership transfer registration was completed on August 13, 2010 as to each of the real estate listed in the separate sheet Nos. 1 through 4, which was owned by the network H, on August 17, 2010, due to the gift of August 6, 2010, the respective shares of Defendant D and E in each of the separate sheet Nos. 5 and 6, on August 13, 2010.

However, the ownership registration still remains in the name of the deceased H, even after the death of the P 4469 square meters and Q 1027 square meters in Seosan-si, P, Seosan-si.

(2) Each of the real estates, the ownership transfer registration of which has been completed to the Defendants, shall be specified as the pertinent real estate No. 1, 2, and 3 (including additional numbers), and the real estate remaining in the deceased’s name shall be indicated only by Nuri lot number in the case of the real estate remaining in the deceased’s name).

2. Determination as to the cause of action

A. The shortage in the calculation method of the plaintiffs' legal reserve of inheritance is calculated by specifying the property that forms the basis for calculating legal reserve of inheritance at the time of the commencement of inheritance in the following ways:

Shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The net benefit amount of the person holding the right to the legal reserve of inheritance (D) ? positive inherited property £« B = 1/2 of the inheritance amount of the person holding the right to the legal reserve of inheritance of the inheritee £« D = the increase in the amount of inheritance of the person holding the right to the legal reserve of inheritance of the inheritee / the lineal descendant and the spouse of the inheritee / the person holding the legal reserve of inheritance of the inheritee

arrow