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(영문) 대구지방법원 2016.06.29 2014가단116957

유류분반환청구

Text

1. The defendant shall pay to the plaintiff A and B share 5,779,558/5,625,075 of each of the real estate listed in the attached list of real estate.

Reasons

1. Basic facts

A. E, as inheritor, had seven children, and died on May 20, 2015, with the Plaintiffs, Defendant, F, G, and H.

B. On January 11, 1973, E donated I 1,312 square meters, J 1,567 square meters to the Defendant, and on December 12, 1998, on the gift of 930 square meters of K forest land, 38,852 square meters of L forest land, M 12,384 square meters of forest land, and 9,225 square meters of N forest land.

(C) Each of the instant lands listed in the separate sheet (hereinafter “each of the instant lands”). At the time of the E’s death, the market price of each of the instant lands is KRW 20,500,300, and the market price of the remaining parts, excluding the gold and forest land, is KRW 219,632,90.

C. In addition, E donated to the Defendant KRW 113,390,000, and KRW 50,000,000 to F, KRW 210,80,000 to G, and KRW 50,000 to H, KRW 10,000,00 to the Plaintiff A, KRW 10,000 to the Plaintiff, KRW 10,000,00 to the Plaintiff B, and KRW 55,50,00 to the Plaintiff C.

(2) the sum of the donations in 499,690,000.

There was no property remaining in the name of E at the time of his death.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the result of the on-site inspection by this court and the result of the entrustment of market price appraisal by appraiser P with appraiserO, the result of appraiser P's market price appraisal, the purport of the whole pleadings

2. Determination:

(a) Whether legal reserve of inheritance is infringed (1) (1) 1/14 (1/7 x 1/2) : 51,380,207 won (719,322,900 x 1/14 x 1/2) 1/300 below the legal reserve of inheritance of 41,380,00 won (51,380,000 - 10,000 won - 1/14) 2) : F 1,380,000 won (51,380,000 won - 10,000,000 won) - 1,380,000 won (51,380,000,000 won)

B. When several co-inheritors determine the property and the scope of property to be returned to the person entitled to legal reserve when the value of the property donated or bequeathed by each of the special profits of the other party exceeds the amount of legal reserve of inheritance.