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(영문) 수원지방법원여주지원 2020.06.24 2017가합6848
유류분 청구의 소
Text

1. The defendant,

A. As to KRW 351,036,108 among Plaintiff A and KRW 277,432,587 among them, from December 23, 2017 to the rest of 73.

Reasons

Facts of recognition

The Party D (hereinafter referred to as “the deceased”) established the Plaintiff A, B, Defendant, and the other F in the instant case with his spouse E.

The deceased died on November 3, 2016 and his inheritance began.

On July 6, 2001, the deceased’s donation to the defendant and the deceased’s testamentary gift made a registration of the transfer of ownership on the grounds of donation on July 5, 2001 with respect to each real estate listed in the attached Tables 12 and 13 to the defendant.

On September 30, 2016, the Deceased prepared a testamentary document stating the legacy of each of the real estates listed in [Attachment List 1-11 (hereinafter “instant testamentary gift”) to the Defendant.

On December 26, 2016, the Defendant completed the registration of ownership transfer on the instant testamentary gift on the ground of the testamentary gift after the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-12 (including additional numbers), the purport of the entire argument by the plaintiffs, each real estate listed in the separate sheet against the defendant of the deceased (hereinafter referred to as "each real estate of this case" in common name, and each real estate is referred to as "each real estate of this case", and when referring to each real estate, the plaintiffs' legal reserve of inheritance was infringed due to gifts and testamentary gifts of co-inheritors.

Therefore, the defendant is liable to pay to the plaintiffs a legal reserve of inheritance amounting to 593,980,916 and damages for delay.

Judgment

Since the shortage in the calculation method of the shortage of legal reserve of inheritance can be calculated in the following formula, we examine the shortage in legal reserve of inheritance of the plaintiffs accordingly.

In short, the shortage of the legal reserve = [A] 】 the amount of property forming the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve / (B) - the amount of special earnings (C) - the amount of net inheritance (D) with the person entitled to the legal reserve / The amount of inheritance - B = the amount of inheritance 1/23 = the amount of inheritance with the person entitled to the legal reserve / the amount of inheritance with the lineal descendants of the inheritee / the amount of inheritance with the amount of inheritance d = the

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