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(영문) 대전지방법원천안지원 2017.12.08 2017가합101129

상속회복청구

Text

1. The plaintiff

A. Defendant B, among the real estate listed in paragraph (1) of “Real Estate List” listed in attached Table 1, 15,10,027/393, 670,50.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on February 7, 2015, and the deceased’s wife C and D, who were the Defendant B and his wife, was the deceased, and the deceased was the deceased’s grandchildren [the deceased’s son F (Death on November 28, 1999)]. The deceased was the deceased’s grandchildren (the deceased’s son F (Death on November 28, 199).

B. At the time of the deceased’s death, each of the real estate listed in the separate sheet No. 1, 2, and 300 shares listed in the separate sheet No. 1 (hereinafter referred to as the “Real Estate List”) and the ordinary share No. 3,000 shares of the company that is an unlisted company (hereinafter referred to as the “instant shares”) according to its number were KRW 30,145,41 won, retirement allowance claim No. 30,145,41 won, deposit claim No. 5,131,366 won, insurance claim No. 24,405,00 won, vehicle sales claim No. 4,000, vehicle sales claim No. 116,504,783 won, depending on its number.

(hereinafter referred to as “all of the above claims”) of each of the instant claims C.

On January 12, 2015, the Deceased transferred 1/2 shares among the real estate Nos. 1 and 2 of this case, and KRW 30,145,441, deposit claims, KRW 5,131,366, and KRW 24,405,00, vehicle sales claim, KRW 4,000, and KRW 116,50,000, to Defendant B, and KRW 116,504,783 among the real estate Nos. 1 and 2 of this case, respectively, to Defendant C, and KRW 1/2 of each of the real estate Nos. 1 and 2 of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1 and 3 evidence (including numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. The summary of the Plaintiff’s assertion of the cause of the claim infringed on the Plaintiff’s legal reserve of inheritance, who is a co-inheritors by legacy the instant Claim Nos. 1, 2, and 3 real estate, the instant shares, and the instant claims against the Defendants. Thus, the Defendants are obligated to return to the Plaintiff part of the instant shares, real estate Nos. 1, 2, and 3, and part of the instant shares, according to the percentage of the Defendants’ legacy

3. Claim for restitution of legal reserve of inheritance:

(a) Calculation method of shortage in legal reserve of inheritance;