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(영문) 서울동부지방법원 2015.05.22 2014가합4185
유류분반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (hereinafter “the deceased”) married with D on July 23, 1969, and died on November 11, 2012.

B. D on February 28, 1983, and on September 30, 1995, South-North E died, respectively.

Accordingly, the wifeJ of F, the plaintiff, the defendant, G, H, I, and South-North Korean children, K, L, M, N, andO inherited the deceased's property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Deceased held 10,00 shares of P Co., Ltd. (hereinafter “P”) and 85,000 shares of Q Co., Ltd. (hereinafter “P”).

On the other hand, the deceased owned R and 11 lots of land in his own name, and S and 3 lots of land in his own name.

B. The Deceased donated each of 7,970 shares to E, Defendant, and I, each of 3,00 shares of P, each of 34,210 shares in Q shares, each of 22,10 shares to I, T (Defendant’s wife), and U (I) respectively.

C. In light of the fact that P shares and Q shares (hereinafter “instant shares”) were donated by the deceased in excess of their legal reserve of inheritance, the Defendant infringed the Plaintiff’s legal reserve of inheritance, and P and Q were unlisted companies under the control of the Defendant, the instant shares are impossible to return originals.

Therefore, the defendant is obligated to pay to the plaintiff the amount of legal reserve of inheritance 200,000,000 won and damages for delay.

3. Determination

A. (1) The amount of legal reserve of inheritance shall be calculated by multiplying the total value of the property that the decedent had at the time of the commencement of the inheritance by the ratio of the legal reserve of inheritance under Article 1112 of the Civil Act, which is the basis for calculating the legal reserve of inheritance, by the amount of the property that the decedent had donated to the entire value of the property at the time of the commencement of inheritance

The amount of violation of legal reserve of inheritance is calculated by inheritance from the amount of legal reserve of inheritance calculated accordingly.

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