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(영문) 부산지방법원 2017.11.30 2016가합41206
유류분반환
Text

1. Defendant C’s KRW 557,418,020 as well as 5% per annum from February 26, 2016 to November 30, 2017 to the Plaintiff.

Reasons

Basic Facts

A. On February 14, 2015, the deceased F (hereinafter “the deceased”) died, and the heir is the Plaintiff, Defendant C, G, and H, who is the wife Defendant B and children.

Defendant E is the Plaintiff’s son and Defendant D Co., Ltd. (hereinafter “Defendant D”) established on March 29, 201 for the purpose of real estate sale and lease.

B. The Deceased previously held each real estate listed in the list of the attached real estate (except each real estate listed in Nos. 16, 17, 24, 27, 29, 34, 35, and 38). The Deceased disposed of it by gifting it to the Defendants or selling it to a third party.

C. At the time of the deceased’s death, the following real estate equivalent to the aggregate of KRW 10,378,500 in total, and the following deposits and claims equivalent to the aggregate of KRW 552,101,145 in total:

The amount of loan 10,378,500 m2,000 m2,000 m36 m2,01,000 m36 m2,01,000 m2,000 m36 m2,01,000 m36 m2,01,60 m2,000 m36 m2,00,000 m2,000 m36 m2,00,000 m2,000 m2,00,000 m2,000 m2,00 m2,000 m2,00 m2,000 m2,000 m36 m2,01,145 m2,000

D. At the time of the deceased’s death, the deceased’s passive inherited property is 250,00,000 won as loans to the Busan Bank and 427,494,434 won as loans to the Defendant D.

[Ground of recognition] without any dispute, Gap evidence Nos. 4 through 7 (including the number of branch numbers; hereinafter the same shall apply), and the inquiry result of the fact-finding on the East loan affairs of this court, since the plaintiff alleged the purport of the entire pleadings infringed the plaintiff's legal reserve of inheritance by donating the assets such as real estate, cash, etc. before his/her birth to the defendants, the defendants shall refund the difference in legal reserve of inheritance and its delay damages to the plaintiff according to the ratio of the excess amount of each

Judgment on the claim against Defendant D and E

A. The Plaintiff is also a property donated by Defendant D and E from the Deceased.

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