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(영문) 대전지방법원 2016.11.11 2015가합106992

유류분반환청구의 소

Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 51,829,522, and each of the said money, respectively, from December 1, 2015 to December 1, 2016.

Reasons

1. Facts of recognition;

A. D’s death and inheritance 1) Net D (hereinafter “the deceased”).

(2) On May 30, 2015, the deceased died, and the wife, E, F, and Defendants jointly inherited the deceased. (2) At the time of the deceased’s death, there were real estate listed in the table 1 and 2 attached hereto. At the time of the deceased’s death, the market value of each of the above real estate was 10,000,000 won in total.

At the time of the deceased’s death, there was no inheritance obligation.

B. The deceased’s donation 1) donated each real estate listed in the separate sheet Nos. 3 through 5, as of the date indicated in the “date of donation” list to Defendant B. The deceased completed the registration of ownership transfer pursuant thereto. (2) On January 12, 2009, the deceased sold the G reply 2,925.8 square meters to the Republic of Korea (the Office of Administration: the Agency for the Construction of Multifunctional Administrative City) and donated KRW 200 million out of the compensation paid from the Republic of Korea to Defendant B around April 15, 2009.

C. The Deceased’s “date of donation” as stated in the separate sheet of the deceased’s “date of donation” was donated to Defendant C each of the real estate listed in the separate sheet Nos. 6 and 7, owned by the deceased, and completed the registration of ownership transfer accordingly.

The deceased’s surviving donor of E donated real estate indicated in the “date of Donation” column in the annexed sheet “date of Donation” as indicated in the annexed sheet to E, and completed the registration of ownership transfer accordingly.

E. The market value of each real estate listed in the separate list 3 through 8 as of May 30, 2015 at the time of the deceased’s death is as stated in the separate list 5 through 8.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) Shortage in the calculation method of shortage in the legal reserve = [A] amount of property forming the basis for the calculation of the legal reserve of inheritance 】 ratio of the person with the legal reserve of inheritance (B) - Special benefit of the person with the right to the legal reserve of inheritance (C-.