logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.18 2015가합26226
유류분반환
Text

1. The Defendant each of the Plaintiffs’ KRW 53,481,300, and 5% per annum from April 27, 2016 to May 18, 2016.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on October 3, 2014, and his/her children are the Plaintiffs and the Defendant.

B. The Deceased completed the registration of ownership transfer on December 30, 2003 due to the donation on December 26, 2003, on each of the lands listed in the separate sheet (hereinafter “each of the instant lands”, and “each of the instant lands”).

C. The market value of each of the instant lands as of October 3, 2014, which is the time of the deceased’s death, is as follows.

No. 85,690,000 of the G land of this case 100,150,150,000 of the H land of this case 100,250,245,000 of the land of this case 3 J land of this case 84,784,000 of the land of this case 13,94,000 aggregate 534,813,000

D. At the time of the deceased’s death, it is not revealed as positive and negative property of the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 7 (including each number; hereinafter the same shall apply), the result of a request for market price appraisal of appraiser L by this court, the purport of the entire pleadings

2. Return of legal reserve of inheritance:

A. Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The net benefit amount of the person holding the right to the legal reserve of inheritance (D) - The amount of positive inherited property - B = the amount of inherited property 1/23 = the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance - the calculation method of the amount of the legal reserve of inheritance - The shortage in the legal reserve of the plaintiffs according to the calculation method is as follows.

1) Legal reserve of inheritance concerning the calculation of legal reserve of inheritance (A) is based on the amount calculated by adding the value of the property at the time of the commencement of inheritance to the value of the property of the inheritee at the time of the commencement of inheritance and deducting the amount of inherited debt.

arrow