(영문) 서울북부지방법원 2015.08.20 2013가단39855

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(영문) 서울북부지방법원 2015.08.20 2013가단39855

유류분반환

Text

1. The Defendant’s each of the Plaintiffs’ KRW 81,692,983 as well as 5% per annum from October 23, 2013 to August 20, 2015.

Reasons

1. Basic facts

A. Inheritance Relation 1) Net D (hereinafter “the deceased”).

(2) On October 14, 1985, the deceased died on December 13, 2012, and became the legal heir of the deceased, F, Plaintiffs, G, and H, a spouse of the Defendant and their children, who were the spouse of the deceased. The deceased was the legal heir of the deceased.

B. 1) On May 24, 2005, the Deceased donated each real estate listed in paragraphs 1 and 2 of the attached Table Nos. 1 and 2, which was owned by the Deceased, to the Defendant. On August 27, 2009, the Deceased donated the real estate listed in paragraphs 3 of the attached Table No. 3 to the Defendant. 2) On May 3, 2012, the Deceased donated each real estate listed in paragraphs 4 through 7 of the attached Table No. 4 to the Defendant, which was owned by the Defendant, and completed the registration of transfer of ownership on May 4, 2014.

3) There was no active inherited property at the time of the deceased’s death. [Grounds for recognition] The fact that there was no dispute, Gap evidence Nos. 1 and 2 (including all paper numbers), the purport of the entire pleadings.

2. The calculation method of shortage in the legal reserve of inheritance shall be calculated by multiplying the legal reserve of inheritance by the ratio of the legal reserve of inheritance prescribed in Article 1112 of the Civil Act, and if the person having the right to the legal reserve of inheritance obtains special profits, the amount shall be deducted.

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance calculated as above, if the person with the right to the legal reserve of inheritance has an inheritance obligation to be borne by the claimant.

If this is indicated in the calculation formula, it shall be as follows:

Amount of violation of legal reserve of inheritance = [A] property (A x.) on which legal reserve of inheritance is calculated.

참조조문

-민법 제1112조

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