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(영문) 청주지방법원 2019.12.12 2018가단33039
유류분반환청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C’s death and the deceased’s heir deceased (hereinafter “the deceased”) around September 4, 2018. As the deceased’s heir, D, Defendant, Plaintiff, E, and F are children.

B. At the time of the deceased’s death, the deceased had a total of KRW 300 million deposit at the time of the deceased’s death (G Bank KRW 250 million, H Bank KRW 50 million, and H Bank KRW 50 million), and the value of the inherited real estate at the time of the deceased’s death was a total of KRW 2,908,086,000, and KRW 300,000,000,000, in aggregate of the market value of the donated real estate at the time of the deceased’s death (hereinafter “inherited real estate”); and (ii) the deceased donated each real estate listed in the separate sheet to the Defendant on August 27, 2010 and completed each registration of ownership transfer on the same day (hereinafter “donation real estate”). At the time of the deceased’s death, the market value of the donated real estate was KRW 428,636,00.

The Deceased donated KRW 300 million to the Defendant before his birth, and the Defendant and his wife’s name remain in KRW 300 million.

C. On September 17, 2018, five co-inheritors, including the Plaintiff, the Defendant, etc., agreed to receive KRW 300 million, which the Deceased donated to the Defendant before his birth, and KRW 120,000,000,000 equivalent to each of the shares of KRW 1/5 with respect to the total of KRW 300,000,000,000,000,000,000, and signed a written agreement confirming that “all business affairs relating to inheritance due to the father’s death have been completed smoothly under mutual agreement.”

[Ground of recognition] The fact that there is no dispute, Gap 1 through 9, Eul 1 through 3, Eul 4-1, 2, Eul 5 through 7 (in the case of each number, including it), and the purport of the whole pleadings

2. The method of calculating shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance, but deducting the total amount of debts; and

(Article 1113(1) of the Civil Act. The method of calculating shortage in specific legal reserve of inheritance is as follows:

Shortage in legal reserve of inheritance = [A] amount of property (A) based on which legal reserve of inheritance is calculated 】 ratio of legal reserve of inheritance (B) with the person entitled to legal reserve of inheritance.

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