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(영문) 춘천지방법원원주지원 2015.02.03 2014가단47

유류분

Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 5,080,686, and each of the said money, respectively, from November 6, 2014 to February 2015.

Reasons

Basic Facts

D’s death and family-related Plaintiff’s father (hereinafter “the deceased”) died on June 16, 2013.

At the time of the deceased’s death, the deceased’s wife E and her children were co-inheritors.

On August 21, 2002, the deceased’s donation to the Defendants who donated the birth of the deceased, donated each of the donation to Defendant B, a F 4,254 square meters in the wife population, and a G 450 square meters in the previous 450 square meters (hereinafter “the first donation land”), and to Defendant C, a H 2,638 square meters in the first donation (hereinafter “the second donation land”).

On August 22, 2002, the Defendants completed each of the pertinent registration of ownership transfer with respect to the land 1 and 2 donated on August 22, 2002, and each of the above real estate was transferred to the third parties.

As of July 2013, which was based on the deceased’s death, the market price of the first donated land of this case is KRW 409,248,00, and the market price of the second donated land of this case is KRW 136,83,00.

On January 27, 2004, the Deceased of the Plaintiff donated KRW 30 million to the Plaintiff.

As of 2010, the number of GDP displays in the Bank of Korea is 87.6 in the first quarter of 2004 and 103.0 in the second quarter of 2013.

At the time of the deceased’s death, the deceased did not have any positive or negative property at the time of his death.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 4 (including those with a serial number; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, 5, 11, Eul witness E's testimony, appraiser I's appraisal result, significant facts in this court, and legal principles related to determination of legal reserve of basic property for determination of legal reserve of inheritance of the plaintiff's claim for return of legal reserve of inheritance of the whole purport of pleading, shall be calculated on the basis of the amount calculated on the basis of the amount calculated by adding the value of the property which the deceased had donated before the birth to the value of the property at the time of the commencement of inheritance and

(See Article 1113 of the Civil Act). The term “donation” at the time of contribution was made by the decedent for one year prior to the commencement of inheritance.

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