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(영문) 대구지방법원 2016.08.23 2015가단24796
구상금
Text

1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s annual rate from June 22, 2010 to July 3, 2015; and (b) July 4, 2015.

Reasons

1. Basic facts

A. C was killed on October 28, 2009 (hereinafter “the deceased”), and its inheritors are both the Plaintiff and the Defendant, who are the father and wife of the deceased.

B. On October 28, 2009, the ownership transfer registration was completed on December 22, 2009 on each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) owned by the deceased.

C. The legal portion of the original Defendant’s inheritance is one-half, respectively.

On June 21, 2010, the Plaintiff repaid KRW 60 million to the Plaintiff’s loan obligations that the Deceased borrowed as a household general loan loan from the National Agricultural Cooperative Federation as security of each of the instant real estate.

E. On August 16, 2013, the Defendant filed a lawsuit against the Plaintiff on the claim for the return of legal reserve of inheritance and received a judgment in favor of the Plaintiff on some of the following contents.

(A) The special profit (C) of the person holding the right to the legal reserve - (D) of the person holding the right to the legal reserve - The amount of positive inheritance - B = the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance 365,064,294 [the amount of property - the legal reserve of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance 365,064,294 [the amount of positive inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - the plaintiff -

The ratio of the legal reserve of inheritance (B) and the ratio of the original defendant, who is a lineal descendant of the deceased, to the legal reserve of inheritance (1/2 of the legal reserve of inheritance) are 1/4 (1/2 of the legal reserve of inheritance). Thus, the amount of each legal reserve of the original defendant is 91,266,073 (A) [365,064,294 x 1/4 of the legal reserve of inheritance of the original defendant].

Special proceeds (C) the defendant (B).

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