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(영문) 대전지방법원 2017.08.23 2015가단215608

유류분반환청구의소

Text

1. The Defendant shall pay to the Plaintiff KRW 24,776,719 and the interest rate of KRW 5% per annum from September 7, 2015 to the day of full payment.

Reasons

1. Presumed facts

A. The status of the parties and the inheritance-related network C (hereinafter “the deceased”) married with D and had the Plaintiff, E, F, and Defendant as their children.

The Deceased died on November 28, 2014.

B. The deceased’s inherited property had a deposit claim of KRW 5,172,310 (the amount in a deposit account in the deceased’s name). This was acquired by the inheritor by dividing KRW 1,034,462, respectively, after the deceased’s death, and KRW 3 million in cash was acquired by F.

C. On May 19, 2014, the deceased’s donation and testamentary gift deceased donated KRW 50 million to the Defendant and G, each of whom he/she is his/her children, respectively. He/she bequeathed Songpa-gu Seoul Metropolitan Government H apartment 508 (hereinafter “instant real estate”) to the Defendant, and the Defendant completed the registration of ownership transfer on December 28, 2014. The value of the instant real estate is KRW 412,500,000,000, and the remaining debt amount of the creditor Songpa Agricultural Cooperative’s collateral security established on the instant real estate is KRW 11,80,000.

(Standards at the time of the deceased’s death) In addition, on November 26, 2014, the deceased donated KRW 20,239,420 to the Plaintiff.

(A) The Plaintiff asserts that the said money would have been paid by the deceased on behalf of the deceased for the payment of the F’s obligation to him, but there is no evidence to acknowledge it). 【No ground for recognition”, entry of Gap’s 1 through 3, 6, 7, Eul’s evidence Nos. 6 and 7 (including spot numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings.

2. Calculation of legal reserve of inheritance;

(a) The method of calculating shortage in legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - A/D of the person entitled to the legal reserve of inheritance of the inheritance of the deceased - The amount of the legal reserve of inheritance of the deceased 1/23 = the amount of the legal reserve of inheritance of the deceased / the amount of the legal reserve of inheritance of the deceased / the amount of the legal reserve of inheritance of the deceased / the amount of the legal reserve of inheritance of the person entitled