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(영문) 제주지방법원 2016.05.24 2015가단2873

유류분반환

Text

1. For the plaintiffs:

A. Defendant F shall pay the respective 10,258,650 won and each of the said amounts to the day of full payment from May 25, 2016.

Reasons

1. Basic facts

A. On June 28, 2005, H died after being left by the heir of I, the plaintiffs and children who are their spouses, J, and K as their children (Death of February 27, 2001).

B. Before the death, H donated each of the real estates to Plaintiffs C, Plaintiff D, and J (hereinafter collectively referred to as “individually named”), as listed below, before the death:

On September 13, 1996, the donee of real estate on the date of donation No. 500m2,357m2, L orchard 2,357m2 on September 13, 1996, Plaintiff D 1,683m2, Sept. 13, 1996, Plaintiff D3, Sept. 1, 1998, Plaintiff C45m2, Sept. 3, 2003, 5, J. 5,064m2, May 3, 2003, PJ 60m2,00m2,03m2,03m2,000 prior to P on March 3, 3, 2003, 70m2,03m2,03m2, prior to the date of RM on March 3, 2003, J. 3, 203

C. On August 8, 2014, I died with the heir of the Plaintiffs, J, and K’s substitute heir who is a child. D.

I, on May 1, 2009, donated to J on May 1, 2009 the entire buildings of TW large 621 square meters and its ground buildings.

E. From the time I died to the time of the closing of argument in the instant case, the market price of the instant T-land is 147,798,000 square meters (238,000 square meters) (x 621 square meters), and all of the market prices of the above-ground buildings are 91,570,500 won.

F. H and I did not hold both inherited and inherited property at the time of their death.

G. On September 26, 2014, J died with the Defendants left as heirs.

【In the absence of dispute over the grounds for recognition, Gap’s evidence 1 through 4, Gap’s evidence 6, Eul’s evidence 1, Eul’s evidence 2 (each number omitted), and the purport of the whole pleadings

2. Determination as to the cause of action

A. As part of the claim for the return of the legal reserve related to the death of H is the cause of the claim of this part, the Defendants, who are the inheritors of the J, in excess of their own legal reserve amount, exceed the amount of the legal reserve amount of the Plaintiff A, B, and E, inasmuch as the value of the donated property exceeds the amount of the legal reserve of the Plaintiff A, B, and E, by donation of both the Plaintiff C, the Plaintiff D, and the J 1 through 8.