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(영문) 서울서부지방법원 2015.06.11 2013가단10225
유류분 반환
Text

1. The defendant shall be the plaintiff.

(a) Appendix 1/6 shares among each immovable property listed in Appendix 1 and 2, and column 3 of the same list.

Reasons

1. Under the underlying facts, each of the following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire arguments in the response to each submission order of financial transaction information to the Korea Development Bank and the Korean National Bank was neglected.

The plaintiff and the defendant's mother C died on July 9, 2009, and his father D (hereinafter referred to as "the deceased") died on October 2, 2010, and under the chain, the plaintiff and the female defendant are women, and children E left her wife and her father and died on March 28, 1990.

B. Around May 2010, the Defendant transferred KRW 100,000,000, out of the deposit amount of the Deceased’s Korea Development Bank to its own account, and used it to return the lease deposit to its revenue around June 2010.

C. C had a total of KRW 136,290,251 financial assets to the National Bank at the time of death, but the Busan District Court’s Family Branch Decision 2010 Mahap19 decided on September 9, 2010 that distributed 4/9 shares to D out of the above financial assets, and became final and conclusive around that time.

On September 17, 2010, the Deceased prepared a testamentary document to the Defendant to testamentary each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”). Accordingly, the Defendant completed the registration of ownership transfer on March 7, 201 for each of the instant real estates.

E. On November 18, 2010, after the deceased’s death, the Defendant found it to the National Bank on the part of the deceased.

Based on the advice of reconciliation in the statement in C, the account was deposited at C’s request to deposit KRW 62,524,220, which is the deceased’s share of inheritance, into his account.

F. At the time of death, the Deceased was holding each of the instant real estate and financial assets inherited from C, and there was no small property.

2. The occurrence of a claim for the refund of oil powder.

(a) The method of calculating shortage in the method of calculating statutory reserve of inheritance shall be as follows:

Shortage in legal reserve of inheritance = [A] amount of property forming the basis for calculating legal reserve of inheritance x the person with the right to legal reserve of inheritance concerned.

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