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(영문) 대구지방법원 2018.02.27 2016가단125573
유류분반환
Text

1. The Defendant’s respective KRW 9,524,386 to the Plaintiffs, as well as 5% per annum from November 15, 2016 to February 27, 2018.

Reasons

1. Basic facts

A. The plaintiffs and E are children of the deceased F (hereinafter “the deceased”), and the defendant is the deceased’s spouse as the deceased’s heir.

B. The Deceased died on April 18, 2016 and began inheritance to the Plaintiffs, Defendant, and E. The statutory inheritance shares of the Deceased were Defendant 3/11, Plaintiffs, and E 2/11.

C. On April 29, 2004, the deceased purchased on April 29, 2004 with respect to the land of 543 square meters in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant land”), and completed the registration of ownership transfer on the same day. On September 2, 2005, the deceased donated one half of the said land to the Defendant, and the same month.

5. A person who has completed the registration, and completed the registration on March 25, 2016 as to the remaining one half of the shares, and completed the registration on the same day.

On August 24, 2005, the deceased completed the registration of initial ownership on the second floor of brick structure (refinite concrete roof) and the second floor of the ground of the instant land (hereinafter “instant building”). On September 2, 2005, the deceased donated the Defendant on September 2, 2005, with respect to one half of the two, and donated the instant building to the Defendant on the same month.

5. A person who has completed the registration, and completed the registration on March 25, 2016 as to the remaining one half of the shares, and completed the registration on the same date.

E. Meanwhile, on May 26, 2014, the Deceased and the Defendant loaned KRW 10,000,000 from the Korea Housing Finance Corporation as collateral with the instant land and buildings, and purchased a housing pension and received KRW 535,060 each month as pension from May 28, 2014.

F. The value of the land and the building in this case at the time of commencing the inheritance is 231,842,880 won (land: 59,730,000 won, building: 172,112,880 won).

[Ground of recognition] A without dispute, Gap evidence 1 through 3, Eul evidence 1-1 to 3, 3 and 5, and the result of the appraisal commission to appraiser H, the purport of the whole pleadings

2. Occurrence of claims for return of legal reserve of inheritance;

A. Shortage in calculation method = [A] [the amount of assets forming the basis for calculation of the legal reserve of inheritance 】 the ratio of the person with the right to the legal reserve of inheritance in question] - the special profit (C) with the person with the right to the legal reserve of inheritance in question.

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