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(영문) 수원지방법원평택지원 2017.07.14 2015가단44545

유류분반환청구

Text

1. The defendant is against the plaintiffs:

(a) Of each real estate listed in the separate sheet 3 attached hereto, 31,380,365/1,965,443,797 shares.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on May 1, 2015. The deceased’s co-inheritors are the plaintiffs, the children, the defendant, and the non-party F, who are the wife of the deceased. The inheritance shares of the non-party E are 3/11, the plaintiffs, the defendant, and the non-party F are 2/11, respectively.

B. In the case of a trial on the division of inherited property filed by the Plaintiffs against the remaining co-inheritors (2015 Mohap210 of the Pyeongtaek District Court, the above court rendered a judgment on January 12, 2017, and the above judgment was finalized on February 4, 2017.

C. The calculation related to the amount of active inherited property of the deceased revealed in the above adjudication and the legal reserve of inheritance is as follows.

(1) Each immovable property listed in the separate sheet 1 (A) of the inherited property (A): A deposit claim listed in the separate sheet 2 of the deceased’s total value as at the time of the death: KRW 19,176,593 insurance money of KRW 2,929,110 (after the death of the deceased, after the death of the deceased, the defendant unilaterally transferred his/her ownership in the above inherited property): KRW 1,034,844 (after the death of the deceased, after the death of the deceased, the defendant unilaterally transferred his/her ownership in the above inherited property: KRW 662,83,547 (b) Each immovable property listed in the separate sheet 3 of the deceased’s total value as at the time of the death of the deceased (hereinafter “each immovable property of this case”): there is no evidence to acknowledge the deceased’s obligation to deduct the deceased’s total value as at the time of the death of KRW 1,237,610,250,000 (hereinafter “the above amount of the deceased’s deposit”).

(D) The property(A) that forms the basis for the computation of the interim reserve of inheritance (i.e., KRW 1,965,443,797 (i.e., KRW 662,833,547) is 1,302,610,250).

(2) The ratio of the legal reserve of inheritance (B) and the ratio of the plaintiffs to the legal reserve of inheritance (i.e., 2/11 shares in inheritance) are 1/11 (i.e., 1/2) and the amount of the plaintiffs' legal reserve of inheritance respectively.