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(영문) 인천지방법원 2020.07.03 2018가단237137
유류분반환청구
Text

1. The defendant has 5% per annum from May 9, 2020 to July 3, 2020 against each of the plaintiffs as to KRW 87,730,742 and its amount.

Reasons

1. Facts of recognition;

A. The deceased D (the deceased on July 6, 2018, hereinafter “the deceased”) married with E, but divorced on August 5, 1995, and divorced with the Defendant on November 26, 2009.

The Deceased had the Plaintiffs as their children between E and the former wife.

B. On June 9, 2018, the deceased owned each real estate listed in the separate sheet, and both donated it to the Defendant on June 9, 2018, and the Defendant completed each registration of transfer of ownership on June 11, 2018 with respect to each apartment building listed in the separate sheet Nos. 1 and 2, and on forest land listed in the separate sheet No. 3, the separate sheet No. 3, Jun. 14,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6, Eul evidence No. 7 (including branch numbers), the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

A. Since the shortage in the calculation method of statutory reserve of inheritance can be calculated in the following calculation formula, the plaintiffs' shortage in statutory reserve of inheritance is examined as follows.

Shortage in the legal reserve = [A] [the amount of property that forms the basis for the calculation of the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B)] - the amount of the special profit (C) with the person entitled to the legal reserve of inheritance ? A = the amount of the net inheritance (D) with the person entitled to the legal reserve of inheritance + the amount of the inherited property ? the amount of the inheritance debts B = the legal reserve of inheritance 】 C = the increased amount of the person entitled to the legal reserve of inheritance + the amount of the positive property obtained by the person entitled to the legal reserve of inheritance - the

B. 1) active inherited property F Co., Ltd. of this court (hereinafter “F Bank”)

According to the results of the order to submit financial information on the deceased, it is recognized that the deceased had a deposit claim equivalent to KRW 6,785 at the time of the death (the plaintiff claimed only the return of legal reserve on the premise that the defendant acquired the above inherited property.

(2) On June 9, 2018, the fact that a donated property donated each real estate indicated in the separate sheet to the Defendant on the deceased’s June 9, 2018 was examined earlier.

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