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(영문) 울산지방법원 2018.02.21 2016가단8472

유류분반환

Text

1. The Defendant: (a) KRW 6,565,714 for each of the KRW 9,848,572 for Plaintiff A, Plaintiff B, and C; and (b) for each of them, from April 29, 2016 to April 2018.

Reasons

1. Facts of recognition;

A. The deceased E (Death on March 19, 200) and the deceased F (hereinafter “the deceased”) were legally married couple, and among them, the deceased G, H, I, and D were children.

B. The deceased G died on February 11, 2014, and the heir left Plaintiff B and C, the wife, Plaintiff B and C.

C. On July 27, 2015, the Defendant applied for limited guardianship against the networkF to the Ulsan District Court. On July 27, 2015, the above court appointed the Defendant as a limited guardian of the networkF.

Since then, the property of the networkF was managed by the defendant, and the networkF died on December 31, 2015.

On the other hand, on April 15, 2004, the deceased F shall donate the above ground buildings (hereinafter “the instant building”) to the Defendant and the Defendant’s wife, and complete the registration of ownership transfer. In addition, on April 15, 2004, the Dong F shall: (a) donate the above ground buildings (hereinafter “the instant building”) to the Defendant.

E. In addition, on December 21, 2012, the networkF bequeathed to Ulsan-gu M apartment N No. 1683 of the No. 1683 of the No. 201, a notary public L, on which the deceased on February 11, 2014, the said legacy became null and void.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The Plaintiffs’ forced inheritance was infringed upon by donating property to the Defendant before the Plaintiffs’ assertionF died.

Accordingly, the plaintiffs seek to pay the shortage of legal reserve in cash as the return of legal reserve of inheritance.

3. Determination

A. Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The amount of net inheritance (D) of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of the inheritance of B = 1/23 of the inheritance of the person holding the right