(영문) 의정부지방법원고양지원 2014.07.18 2012가합50674

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(영문) 의정부지방법원고양지원 2014.07.18 2012가합50674

유류분반환

Text

1. The Defendant’s KRW 56,443,747 as well as the Plaintiff’s annual rate of 5% from March 14, 2014 to July 18, 2014.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) married with the deceased D (the deceased prior to the deceased) and had Nonparty E and the deceased F (the deceased prior to the deceased) between them.

B. The Deceased, while maintaining a de facto marital relationship with Nonparty G, had the Plaintiff and the Defendant under the chain.

C. On October 20, 201, the Deceased died, and the heir of the Plaintiff, the Defendant, Nonparty E, and the deceased jointly inherited or inherited the deceased’s inherited property, and the heir’s share of inherited property is 1/4, respectively.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the claim for restitution of legal reserve of inheritance

(a) The calculation method of shortage in the plaintiff's legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property on the basis of calculation of the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special profit (C) - A/D) the amount of the legal reserve of inheritance ＋ the amount of positive inherited property ＋ the amount of inheritance ＋ B/ the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance d/ the amount of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance -

B. A: 2,211,219,853 won, the market value of the inherited property indicated in the order of 2,211,219,853 won, 380,736,000 won, 2 foreign exchange bank I deposit 50,389,403 won, 40,875,831 won, 17,67,243 (1) : 550,067,243 won, 243 (2) : 550,067,243 won, 243 (1) ; 380,736,00 won, 2,000 won, 2,000 won, 2,000 won, 30,389,403 won, 389,403 won, 4030,000 won, 40,000 won, 141,000,000

참조조문

-민법 제1114조

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