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(영문) 광주지방법원 2017.04.26 2015가단525570
유류분반환청구
Text

1. For the plaintiffs:

A. Defendant C shall pay for each of 19,429,99 won and the interest thereon from October 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 22, 2015, E died, and his heir is H, I, J, and K as the Plaintiffs, F, G, and D’s heir.

B. “E living together with Defendant C for a long time, and from October 17, 201 to April 23, 2014, remitted a total of KRW 194,300,000 on several occasions to Defendant C, and remitted a total of KRW 78,100,000 on several occasions from September 20, 201 to August 27, 2012.

C. The plaintiffs' ratio of legal reserve of inheritance is 1/10 each (i.e., inheritance shares 1/5 x 1/2).

[Reasons for Recognition] Uncontentious Facts, Gap 1-7 evidence (including each number), the purport of the whole pleadings

2. Judgment on the claim for shortage in legal reserve of inheritance

A. 1) In full view of the facts of recognition as the basis for calculation of legal reserve of inheritance No. 5, 6, 7, and 9, Plaintiff A’s identification card, the overall purport of the pleadings, and the overall purport of the pleadings, the following circumstances are revealed. A) E was hospitalized for hospital treatment on March 27, 2007, and repeated hospital treatment on several occasions from August 27, 201 to January 30, 201, on several occasions by using malute and cerebral color.

March 22, 2015.

B) E did not have any particular inherited property, and while receiving the above hospitalized treatment, it was the entire amount of money remitted to the Defendants. C) The Defendants merely asserted that they did not have received a donation, but did not reveal any specific details of remittance.

2) In light of these circumstances, KRW 272,40,00, which was remitted to Defendant C and D, constitutes donation, and this constitutes a case where the parties knew that they would inflict damages on the Plaintiffs, who are entitled to legal reserve when they die, and thus, is included in the underlying property of calculating legal reserve. (B) The amount of the Plaintiffs’ legal reserve in calculating the shortage of legal reserve is KRW 27,240,000 (===272,400,000 + 1/100), and there is no other inherited property, and the Defendants are obliged to return shortage of legal reserve in accordance with the ratio of donation.

C. If so, the plaintiffs seek.

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