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(영문) 창원지방법원 진주지원 2018.04.17 2016가단38043
유류분 반환청구
Text

1. The Defendant: (a) KRW 39,106,388; (b) KRW 32,055,59; and (c) KRW 32,05,59; and (d) each of them, from December 8, 2017 to April 2018.

Reasons

1. Basic facts

A. The network D (hereinafter “the deceased”) had the Plaintiffs and the Defendant, who are children, as their successors, died on December 7, 2016.

B. B. Before the birth, the Deceased owned the building on the land and the building on the land above, F,074 square meters (hereinafter “each of the instant real estate”). However, on April 13, 2015, the registration of ownership transfer was completed on April 14, 2015 by the Changwon District Court’s receipt of private registry office as the Defendant under Article 9331 on April 14, 2015 with respect to each of the instant real estate.

C. At the time of the deceased’s death, the total market value of each of the instant real estate is KRW 412,629,250.

[Reasons for Recognition] A’s non-contentious facts, Gap’s evidence 1-7, Gap’s evidence 1-2-1 through 6, Gap’s evidence 3-1-3, Gap’s evidence 4-1 through 3, Gap’s evidence 5-1, 2, Gap’s evidence 6-1, 2, Gap’s evidence 6-2, Gap’s evidence 7, and 8, the result of appraiser’s appraisal, the whole purport of the pleadings

2. The plaintiffs' assertion

A. Basic property in calculating the legal reserve of inheritance amounting to KRW 676,921,035 (i.e., claim 98,791,785 won such as deposit in the deceased’s name) (i.e., KRW 155,50,50,000 for cash receipt received by the Defendant in cash amounting to KRW 155,50,000 for KRW 10,000 for cash receipt received by the Plaintiff B) and the Defendant’s statutory share of inheritance amounting to KRW 225,640,345 (i.e., KRW 676,921,035 x 1/3). The amount of legal reserve of inheritance amounting to KRW 112,820,172 (=25,640,345 x less than the ratio of legal reserve of inheritance amounting to KRW 1/2,00,00).

However, since the Defendant received 528,129,250 won from the Deceased, and Plaintiff B received 10,000,000 won from the Deceased, the revised portion of inheritance is the Defendant-324,48,905 won (=225,640,345 won in statutory part of inheritance - KRW 528,640,345), Plaintiff A225,640,345 won in statutory part of inheritance - KRW 215,640,345 (= statutory part of inheritance 225,640,345 won - 10,000,00 won in statutory part of inheritance).

B. The specific portion of the Plaintiff A’s portion is KRW 111,477,377 [the statutory portion of inheritance = KRW 225,640,345 - KRW 108,162,968 (the Defendant’s excess special profit 324,48,905 x 1/3 of the inheritance share]; the specific portion of inheritance of Plaintiff B = 101,477,377 of the statutory portion of inheritance = 215,640,345 - 108.

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