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(영문) 서울서부지방법원 2017.12.15 2015가단237918
유류분 반환 청구의 소
Text

1. As to shares of 67,369,063/901,446,670 shares of each real estate listed in the separate sheet to the plaintiffs, the defendant shall each be liable for the payment of each share in the separate sheet.

Reasons

1. Facts of recognition;

A. D was married to, and under the chain of marriage with, Plaintiff A (1965) and B (1970) (197), but while maintaining the marital life, G (1984) was produced between F and F. For this reason, after having divorced from E and divorced from F, H (192) was married with the Defendant.

B. D The deceased on April 29, 2013 (hereinafter referred to as “the deceased”) (hereinafter referred to as “D”), the inheritor has the Defendant (legal share 3/11) who is the spouse, the Plaintiffs who are children, G, and H (each statutory share 2/11 of inheritance).

C. On July 24, 2013, the Plaintiffs reported the qualified acceptance on September 26, 2013 by the Seoul Family Court No. 2013-Ma6528, as it was impossible to fully know inherited property due to the deceased’s lack of exchange with the deceased after having divorced with E. The Plaintiffs reported the qualified acceptance.

On June 5, 2013, the Defendant, the Plaintiffs, G, and H, who are co-inheritors, reverted to the Defendant the right to sell a commercial facility site in the deceased’s name (i.e., I., 710 square meters in Asan City) (hereinafter “instant right to sell a parcel of land”). The remaining inheritors drafted a “contract for the division of inherited property agreement” with the content of renunciation of inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence Nos. 8 and 9 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion made an excessive donation to the Defendant of each real estate listed in the separate sheet owned by the Deceased (hereinafter “each real estate of this case”) before the Plaintiff’s birth. Since the Plaintiff’s forced inheritance was infringed upon by the Defendant’s deception, the ownership of each of the real estate of this case (the intermediate amount of KRW 702,94,140) belongs to the Defendant and the ownership of the instant real estate (the intermediate amount of KRW 702,94,140) was all reverted to the Defendant. As such, the Defendant is liable to return each of the real estate of this case (the Plaintiff’s forced inheritance ratio) and each of the KRW 63,908,558 (the Plaintiff’s forced inheritance ratio) as the forced inheritance infringed upon

3. Determination

A. Legal reserve of inheritance is the value of the property of the inheritee at the time of the commencement of the inheritance.

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