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(영문) 서울고등법원 2017.06.08 2016나2089739
유류분반환청구의 소
Text

1. The judgment of the first instance, including the claims expanded or reduced in this court, shall be modified as follows:

Reasons

Basic Facts

The reasoning for the court’s explanation in this part is as follows, given that the part corresponding to the judgment of the court of first instance is identical to the statement “1. Recognition,” among the reasons for the judgment of the court of first instance, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The fact-finding inquiry of the court of first instance on July 22, 2015, which read that “the ownership transfer registration was made in the name of the network and was made in the name of the network,” which read that “the ownership transfer registration was made in the name of the network,” was made for two following the third side of the amendment, and that “ May 7, 2014” was added to “the Defendant” in the second half to “the 5.5 parallel parallels from 2 to 5.4 pages,” which read as “the result of the inquiry of the fact-finding inquiry of this court on July 22, 2015 for Samsung Life Co., Ltd.”

2. Summary of the plaintiffs' assertion

A. The Defendants received deposits from the Deceased and the Deceased, and there is a shortage of legal reserve of inheritance of the Plaintiffs.

B. ① Compensation 1,854,345,460 won for the instant land, and ② Assessment value of the land listed in the attached Table 14 among Ldong land (hereinafter “AL land”) as indicated in the attached Table 13,094,000 won for the deceased’s deposit amount of KRW 55,00,000 for the deceased’s Defendant H, and ④ Total KRW 2,103,896,256 (= KRW 1,854,345,460 + KRW 113,094,00 + KRW 55,000 + KRW 81,456,79 for the remainder of the purchase price of the instant apartment, which the Defendant H received, among the remainder of the purchase price of the instant apartment, should be included in the property that forms the basis for calculating the legal reserve of inheritance.

C. Based on this, the defendants' legal reserve of inheritance is calculated as follows.

① Amount in violation of legal reserve of inheritance that Defendant H must return to Plaintiff A: 82,458,227 won [2,103,896,256 won + [2,02,439,466 won + Property to be actively included in inherited property + 2,02,439,460 won + Total amount of property to be included in inherited property + 3/19 x 1/2) x 9,000,000 won in excess of legal reserve of inheritance of Defendant H] x KRW 964,445,145 won in excess of legal reserve of inheritance of Defendant H = Property donated or inherited.

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