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(영문) 서울중앙지방법원 2017.01.19 2016가합511943
유류분반환청구의 소
Text

1. The Defendant sent to Plaintiff A KRW 373,527,262, and Plaintiff B KRW 357,527,262 and each of the said money to Plaintiff B from December 1, 2016.

Reasons

1. Basic facts

A. Inheritance relationship, the relationship between the Plaintiffs and the Defendant’s family relationship D established Plaintiffs, the Defendants, F, and G under the chain of marriage with E.

The network D died on March 14, 2015.

(hereinafter referred to as “the deceased”). The deceased’s co-inheritors are the Plaintiffs, the Defendants, F, and G, who are spouse E and children.

B. The Deceased’s inherited property 1) The Deceased’s respective real estate listed in the separate sheet at the time of his death (hereinafter “each of the instant real estate”).

When individually named, “the instant real estate” shall be referred to as “the instant real estate” in accordance with the list.

(2) At the time of the death, the Deceased was responsible for the amount of KRW 1.255 billion to the Geule Saemaul Fund.

C. The Deceased of the Deceased’s Real Estate Testamentary Gift against the Defendant: (a) bequeathed each of the instant real estate to the Defendant.

Upon the death of the deceased, the Defendant completed the registration of ownership transfer on March 14, 2015 with respect to each of the instant real estate on June 10, 2015.

[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1 through 6, and the result of this court's order to submit financial transaction information to the Saemaul Saemaul Depository, the purport of the whole pleadings

2. The calculation method of shortage in the legal reserve of inheritance shall be calculated by multiplying the legal reserve of inheritance by the ratio of the legal reserve of inheritance prescribed in Article 1112 of the Civil Act after adding the value of the property he/she donated to the whole value of the property at the time of the commencement of the inheritance, deducting the total amount of debts he/she has assumed at the time of the commencement of the inheritance from among those of the inheritee, and then the person having the right to the legal reserve of inheritance shall deduct the amount when he/she

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance calculated as above, if the person with the right to the legal reserve of inheritance has an inheritance obligation to be borne by the claimant.

This shall be calculated in the formula of calculation.

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