(영문) 대전지방법원 2017.09.06 2015가단205250

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(영문) 대전지방법원 2017.09.06 2015가단205250

유류분반환청구의 소

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1. The Defendant’s KRW 17,733,326 as well as the Plaintiff’s KRW 5% per annum from April 27, 2017 to September 6, 2017, and the following.

Reasons

1. Presumed facts

A. The status of the parties and inheritance-related net C (hereinafter “the deceased”) married with the network D (Death November 19, 2002) and had the Plaintiff, E, F, and Defendant as their children.

The Deceased died on August 15, 2014.

B. At the time of the deceased’s death of the deceased’s inherited property, there was a deposit claim of KRW 60,404,891 against the Chungcheong Saemaul Depository. However, the Plaintiff, E, and F won won in winning a lawsuit claiming the return of deposit against the Chungcheong Saemaul Depository, and the Defendant paid KRW 15,101,200, respectively. The Defendant received KRW 15,101,200.

C. The donation of the deceased and the donation and testamentary gift property made by the deceased are as follows, and there is no dispute between the parties:

The value of the relevant property of a donee (at the time of commencement of inheritance) 1 E, 1 E, YYY-si, YY-si, YY-si 1 E, 69,006,700 m2 E cash 92,141,740 m2 E, and 169,576,200 m23,732,470 m231.4 m23,732,470 m23,470 m23,4710 m2,00 m2,079 m2,079 m2,079 m2,00 m2,000 m2,000 m2,000 m2

D. Meanwhile, from August 4, 2014 to August 16, 2014, before and after the deceased’s death, the Defendant and the Defendant’s wifeJ collected KRW 9,031,200 from the deceased’s Chungcheong Saemaul Depository Account (K) account.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, 3, and Eul No. 6 (including branch numbers, if any; hereinafter the same shall apply), appraiser L's appraisal result, the purport of the whole pleadings

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

(a) The method of calculating shortage in legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - A/D of the person entitled to the legal reserve of inheritance of the inheritance of the deceased - The amount of the legal reserve of inheritance of the deceased 1/23 = the amount of the legal reserve of inheritance of the deceased - the amount of the legal reserve of inheritance of the lineal descendants of the deceased 1/23 = the amount of the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of

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