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(영문) 서울중앙지방법원 2016.01.19 2013가합56629

유류분청구

Text

1. Each of the plaintiffs' primary claims is dismissed.

2. The defendant shall set out in the attached list 3 to 12 against the plaintiffs.

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], Gap evidence Nos. 1 through 5, 7, 10 (including provisional numbers; hereinafter the same shall apply), Eul evidence No. 19, and the purport of the whole pleadings;

A. E (hereinafter “the deceased”) died on April 21, 2013, and as the inheritor of the deceased, there were the Plaintiffs (the deceased’s spouse 3/9) between the Defendant (the deceased’s spouse) and the former wife F (the deceased’s spouse 2/9).

B. The Deceased, before his birth, donated 1/2 shares of each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “instant real estate”) listed in the separate sheet as listed below to the Defendant, and the Deceased completed the registration of transfer of shares based on the said gift.

On the other hand, the value at the time of death of the deceased of 1/2 shares among each of the above real estate shall be as listed below in the corresponding column.

1/2 equity among the real estate No. 2 of this case on September 19, 2006 September 19, 2006, 1/200,000 of the 1/2 equity among the real estate No. 1/2 equity among the real estate No. 1 of this case on September 19, 2006

C. On April 16, 2010, the Deceased drafted a written will to the effect that “All property shall be comprehensively bequeathed to the Defendant.”

On October 12, 2010, the Deceased drafted a testamentary document (No. 3472, 2012) stating that “The Deceased shall testamentary gift to the Defendant, and designate G as an executor.” After the Deceased’s death, G completed the registration of transfer on October 12, 2012 with respect to the instant 3 through 5 real estate on the ground of testamentary gift on October 12, 2012.

2. As the heir of the deceased, the Plaintiffs are liable to return the legal reserve of inheritance. Since the legal reserve of inheritance is 1/9 (legal share 2/9 x 1/2) respectively, the Plaintiffs are liable to return the legal reserve of inheritance in cases where there is a shortage in the Plaintiffs’ legal reserve of inheritance due to the above gift and testamentary gift against the deceased.

3. The range of shortage in legal reserve of inheritance;

(a) Legal reserve of inheritance;