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(영문) 광주지방법원순천지원 2019.03.14 2018가단77538
유류분반환청구
Text

1. For the plaintiffs:

A. Defendant C is Attached No. 2. of each real estate listed in Schedule 1 through 9 of Attached Table 1.

Reasons

1. Basic facts

A. The network E (hereinafter “the deceased”) married with F, had five children, including the Plaintiffs, Defendants, and G, etc., and died on August 1, 2017, and F inherited the deceased at the ratio of 3/13, Plaintiffs, Defendants, and G, respectively.

B. On August 11, 2008, the Deceased donated each of the real estate listed in [Attachment 1] No. 1, No. 1, No. 7 through 9 to Defendant C, and completed the registration of ownership transfer on August 12, 2008. On January 14, 2015, the Deceased donated each of the real estate listed in [Attachment 2] to Defendant C, and completed each registration of ownership transfer on January 15, 2015.

In addition, on August 11, 2008, Defendant D donated each real estate listed in paragraphs 10 to 13 of the same list, and completed each registration of ownership transfer on August 12, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-2 through 13, the purport of the whole pleadings

2. The Plaintiffs, the inheritor of the deceased’s right to claim the return of legal reserve of inheritance, barring any special circumstance, may claim the Defendants to return their property to the extent that there is a shortage in their legal reserve of inheritance due to the donation made by the deceased against the Defendants who are other inheritors.

3. Calculation of shortage in legal reserve of inheritance;

(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount of the person with the right to the legal reserve of inheritance (C) - The net benefit amount of the person with the right to the legal reserve of inheritance (D) - The amount of positive inherited property - B = the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance = the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance - The amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance of the person with the right to the legal reserve of inheritance of the person with the right to the legal reserve of inheritance of the

(hereinafter referred to as "if the calculation is less than the original level, the forest).

Property (A) as the basis for calculating legal reserve of inheritance 1.

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